
i&ig 



THE SCHOOL LAWS 
ANNOTATED 



OF THE 



STATE OF COLORADO 

As Amended to Date 
June 30, 1917 



PUBLISHED BY AUTHORITY OF 

MARY C. C. BRADFORD 
State Superintendent of Public Instruction 




£au of eo^9 n -' 



Compiled and Annotated for 

MARY C. C. BRADFORD, 
State Superintendent of Public Instruction 

ALICE B. CLARK, 
Deputy Superintendent of Public Instruction 

Under Direction of 

LESLIE E. HUBBARD, Attorney General, 
RALPH E. C. KERWIN, Ant Atty. General. 



DENVER, COLORADO 

EAMES BROS., STATE PRINTERS 

1917 






ACKNOWLEDGMENTS 



The Department of Public Instruction congratulates the mem- 
bers of the school system of Colorado upon the present edition 
of the School Laws of this state. The School Code is more ef- 
ficiently and practically classified than ever before. In its pres- 
ent form, the index is a new feature, and through its use the 
volume makes easily available the content of Colorado school 
legislation. Other improvements have also been introduced, and 
special attention is directed to the Appendix which contains the 
decisions of the Supreme Court, Court of Appeals, the State Su- 
perintendent of Public Instruction and the Attorney General. 

All this has meant weeks of painstaking labor upon the part 
of Deputy State Superintendent of Public Instruction, Alice B. 
Clark, and Assistant Attorney General Ralph E. C. Kerwin. To 
them the school people of the state are indebted for a service of 
great value, and appreciation of the fine manner in which this 
difficult task has been performed is hereby expressed. 






x. 



/' 



s 



FOREWORD 



This volume contains a complete edition of the school laws 
of the State of Colorado, and the provisions of the Enabling Act 
and Constitution of the State relating to the entire public school 
system. It also includes in the Appendix the decision of the 
courts of Colorado, of the State Department of Public Instruc- 
tion and the Attorney General upon questions of school law. The 
purpose of embodying these decisions is to enable the various 
school officers throughout the state to decide many of the ques- 
tions which would otherwise be submitted to the Department of 
Public Instruction and the Attorney General. 

The sections of the School Law as found in this volume are 
renumbered and reference to them must be made in communi- 
cating with either the Department of Public Instruction or the 
Attorney General — otherwise communications will not be an- 
swered. 

The department desires to call attention to the fact that 
copies of the School Law, while intended for the benefit of school 
officials, become the property of the district to which they are 
sent, and as such should be delivered to successive school of- 
ficers for whose use they are dedicated. 

vu, <2 .<2. faeUJfU. 

State Superintendent of Public Instruction. 
State Capitol, Denver,. Colo., June 30th, 1917. 



EXPLANATORY NOTE 



This volume contains the School Laws of the State of Colo- 
rado, the decisions of the Supreme Court and the Court of Ap- 
peals, the opinions of the Superintendent of Public Instruction 
and the Attorney General,' construing- and applying the laws and 
the decisions of the State Board of Education in so far as its 
decisions are applicable to procedure before it and as they af- 
fect the public schools generally, the decisions appearing in the 
Appendix. 

This volume does not contain the laws relating to the Colo- 
rado School of Mines, the Colorado School for Deaf and Blind, 
the State Agricultural College, the State Home for Dependent 
and Neglected Children, the State Home and Training School 
for Mental Defectives, the State Industrial School for Boys, the 
State Industrial School for Girls, or the University of Colorado, 
although each of these institutions is subject to the supervision 
of the Superintendent of Public Instruction. 

Section numbers used in this edition for the Enabling Act 
and the Colorado Constitution and the numbers at the beginning 
of each section of the law proper, commencing with "Alcoholic 
Drinks,'' are our own, and in submitting questions to the De- 
partment of Public Instruction or to the Attorney General, ref- 
erence must be made to the sections as they appear in this volume 
— otherwise the communication will not be answered. The ref- 
erence at the end of each section denotes the corresponding num- 
ber of the section of the Enabling Act, Constitution and the Re- 
vised Statutes of 1908. 

This edition of the School Laws is to be known as the "School 
Laws Annotated. ' ' In referring to a section thereof, for instance, 
Section 25, the reference should be "S. L. A., 25." 

The letters "R. S." mean Revised Statutes. Figures follow- 
ing are the corresponding sections of such statutes but are used 
herein for identification only and not for reference. For in- 
stance "R. S., 25" means Section 25 of the Revised Statutes of 
Colorado of 1908. 

The letters and figures "S. L. '09," "S. L. '11" "S. L. '13," 
"S. L. '15" and "S. L. '17" refer to the official Session Laws of 
Colorado for the corresponding year. The numbers following are 
the pages of such official laws. For instance: "S. L. '09, p. 26" 
meaiis the corresponding portion of the law found on page 26 
of the Session Laws of Colorado, 1909. 

The letters "C" and "C. A." mean Colorado Supreme Court 
and Colorado Court of Appeals reports respectively. The num- 
bers preceding are the numbers of the volume and the numbers 
following the pages of such volume. "4 C. 25" refers to the de- 
rision found in the 4th volume of Colorado Supreme Reports be- 
ginning at page 25. 

The paragraphs in small type following the word "Note" 
are either reference to other provisions of the law or an explana- 
tion of general provisions, but are not to be considered in any 
sense as decisions of this department. 



§§ 1-3 



School Laws Annotated 



ALCOHOLIC DRINKS AND NARCOTICS 
CIGARETTES AND TOBACCO 



1. Nature and effect of alcoholic drinks and narcotics be 

taught. That the nature of alcoholic drinks and narcotics, and 
special instructions as to their effects upon the human system, in 
connection with the several divisions of the subject of physiology 
and hygiene, shall be included in the branches of study taught in 
the public schools of the state, and shall be studied and taught 
as thoroughly, and in the same manner as other like required 
branches are in said schools, by the use of text books, designated 
by the board of directors of the respective school districts, in the 
hands of pupils where other branches are thus studied, in said 
schools, and by all pupils in all said schools throughout the state. 

—B.s.eon 

Note. The state board of health shall, from time to time, recommend 
standard works on the subject of hygiene for the use of the schools of the 
state.— R. 9. 5010. 

2. Officers enforce provisions of act — penalty for failure. 

That it shall be the duty of the proper officers in control of any 
school, described in the foregoing section to enforce the provi- 
sions of this act; and any such officer, school director, committee, 
superintendent or teacher, who shall refuse, fail or neglect to com- 
ply with the requirements of this act, or shall neglect, refuse or 
fail to make proper provisions for the instruction required, and in 
the manner specified by the first section of this act, for all pupils 
in each and every school under his or her jurisdiction shall be re- 
moved from office, and the vacancy filled as in other cases. — 
R. 8. 6012 

Note. Vacancies, §121. 

3. Unlawful to give or sell cigarettes to persons under six- 
teen. It shall be unlawful for any person or persons to give or 
sell cigarettes to any person or persons under the age of sixteen 
years.— R. 8. 600 



§ 4 Alcoholic Drinks and Narcotics, Cigarettes and Tobacco 

4. Penalty for giving or selling- tobacco to persons under 
sixteen without written order. Any person who shall sell, give 
or furnish any tobacco, or articles made in whole or in part of 
tobacco to any child under 16 years of age without the written 
order of the father or guardian of such child, shall be fined not 
less than five dollars, nor more than one hundred dollars, or im- 
prisonment in the county jail not more than three months. — R. 8. 
601 



§§ 5-11 



APPEALS. 



5. From district board to county superintendent. Any per- 
son aggrieved by any decision or order of the district board of 
directors, in matter of law or fact, may, within thirty days after 
the rendition of such decision, or making of such order, appeal 
therefrom to the county superintendent of the . proper county. — 
B. 8. 6000 

Note. See section 11. 

6. Affidavit. The basis of the proceeding shall be an affi- 
davit filed by the party aggrieved, with the county superintendent, 
within the time for taking the appeal. — B. 8. 6001 

7. Contents of affidavit. The affiidavit shall set forth the 
errors complained of in a plain and concise manner. — B. 8. 6002 

8. Superintendent notify secretary — transcript. The county 
superintendent shall, within five days after the filing of such affi- 
davit in his office, notify the secretary of the proper district, in 
writing, of the taking of such appeal, and the latter shall, within 
ten days after being thus notified, file in the office of the county 
superintendent a complete transcript of the record and proceed- 
ings relating to the decision complained of, which shall be certified 
to be correct by the secretary. — B. 8. 6003 

9. Notice to parties. After the filing of the transcript, 
aforesaid, in his office, he shall notify, in writing, all persons 
adversely interested, of the time and place where the matter of 
the appeal will be heard by him. — B. 8. 6004 

10. Hearing appeal — oaths. At the time thus fixed for 
hearing, he shall hear testimony for either party, and for that 
purpose may administer oaths, if necessary, and he shall make 
such decision as may be just and equitable, which shall be final, 
unless appealed from, as hereinafter provided. — B. 8. 6005 

11. Appeal from county superintendent to state board of 
education. Any person or district board aggrieved by any de- 



§ 12 APPEALS 

cision or order of the county superintendent in a matter of law 
or fact, may, within thirty days after the» rendition of such de- 
cision or making of such order, appeal therefrom to the state board 
of education, in the same manner as provided in this act for tak- 
ing appeal from the district board to the county superintendent 
as nearly as applicable. In case of an appeal, where a trial has 
been had before the county superintendent and a decision ren- 
dered, the state board of education shall examine a transcript of 
such proceeding and render a decision therefrom, but no new 
testimony shall be admitted. In other cases of appeal the said 
board may require of the parties such papers and documents 
as may be thought necessary, they may issue subpoenas and com- 
pel witnesses to attend and testify, and the said board shall have 
the power to administer oaths through its president. The decis- 
ion of said board, or a majority of said board, shall be rendered 
by the president, and such decision, when made, shall be final. 
When an applicant for a certificate at a regular examination 
shall feel aggrieved at the decision of the county superintendent, 
and shall appeal to the state board of education the questions 
used and answers given shall be examined by the said board, 
and if the decision of the county superintendent be reversed, 
the state board of education shall issue to the appellant a cer- 
tificate of such grade as the answers shall warrant ; Provided, 
That a good moral character and success as a teacher be shown. — 
R. S. 6006 

12. No judgment for money. Nothing in this act shall be 
so construed as to authorize either the county superintendent or 
the state board to render a judgment for money; neither shall 
they be allowed any other compensation than is allowed by law. 
All necessary postage must first be paid by the party aggrieved. — 
R. 8. 6007 



§§ 13-15 



BONDS. 



13. Loans for school buildings — vote — qualifications. No 

debt by loan in any form shall be contracted by any school 
district for the purpose of erecting and furnishing school 
buildings, or purchasing grounds, unless the proposition to 
create such debt shall first be submitted to such qualified 
electors of the district as shall have paid a school tax therein, 
in the year next preceding such election, and a majority of those 
voting thereon shall vote in favor of incurring such debt. — Sec. 7, 
Art. XI, Constitution 

14. Submitting question of contracting bonded indebtedness. 

The board of directors of any school district may submit at any 
regular or special election called for the purpose, to such qualified 
electors of the district as shall have paid a school tax therein in 
the year next preceding such election the question of contracting 
a bonded indebtedness for the purpose of erecting and furnishing 
school buildings or purchasing ground, or for funding floating 
debts.— 8. L. '09, p. 494 

15. Amount of bonded indebtedness first determined by 
board. The amount of the bonded indebtedness proposed to be 
contracted shall, prior to such submission to said electors, be 
determined by said board of directors but in no event shall the 
aggregate amount of bonded indebtedness of any school district 
of the first or second class exceed five per centum or of any school 
district of the third class three and one-half per centum of the 
assessed value of the property in such district for the year next 
preceding the date of said bonds. — 8. L. '09, p. 494 

All statutory rates making provision for fixing the limit of 
indebtedness of any school district or incorporated town shall 
be computed upon seventy per cent (70%) of the assessed valu- 
ation of such school district or incorporated town; instead of 
being computed upon the full assessed valuation as provided in 
the various statutes fixing such limitations. 

Except as herein otherwise provided, all statutory rates, mak- 
ing provision for the general revenues of the state and for state 

9 



§§ 16-17 BONDS 

institutions, schools, towns, cities and for all other purposes 
(except to provide for the paj^ment of bonds and interest thereon), 
are hereby so reduced as to prohibit the levying of a greater 
amount of revenue for any year hereafter than was levied the 
preceding year, plus five per cent. 

Except as herein otherwise provided, the exercise of the tax- 
ing power by the General Assembly and by every taxing body to 
which authority has been delegated by the General Assembly to 
exercise the power of taxation, is hereby limited (except to pro- 
vide for the payment of bonds and interest thereon), so as to 
prohibit the levying of a greater amount of revenue for any year 
hereafter than was levied the preceding year, plus five per cent. 
— 8. L. '17, p. 429 

Note. Effective March 29, 1917. 

For each year after 1913, the authority of all taxing bodies 
(except school districts in providing for the payment of school 
district bonds and interest thereon) shall be so limited as to pro- 
hibit the levying of a greater amount of revenue than was levied 
the preceding year, plus five per cent (5%). — 8. L. '15, p. 404 

16. Notices of election posted. Notices of said election shall 
be posted in at least three public places in the district, and at 
each polling place at least twenty days before said election, and, 
if a newspaper is published in said district, said notice shall also 
be published therein once a week for four consecutive weeks next 
preceding such election. Said notice shall specify the purpose of 
said election, the date and the voting place or places, and the 
time during which the ballot box or boxes shall be kept open, not 
less however than three hours. — S. L. '09, p. 494 

17. Number of voting places. In districts of the first class 
the school board may order more than one voting place in the 
district, fix the voting places and the limits of the voting pre- 
cincts. 

The president, secretary and treasurer of the district school 
board may act as judges of the election or said board may ap- 
point three judges and the necessary clerks for each election 
precinct in said district and should any of the judges be absent 
at the opening of the polls, the electors present shall appoint a 
legal voter to fill the vacancy. — 8. L. '09, p. 495 

10 



BONDS §§ 18-21 

18. Form of ballot. Each elector voting at said election shall 
deposit in the ballot box a ballot whereon shall be printed or 
written the words "For the bonds" and the words "Against the 
bonds," and shall indicate his approval or disapproval of the 
proposition submitted by placing a cross (X) opposite the group 
of words on his ballot which expresses his choice. — 8. L, '09, p. 495 

19. Any person may be challenged by qualified elector. 

Any person offering to vote at said election may be challenged by 
any legally qualified, elector of the district and any one of the 
judges of election shall thereupon administer to the person chal- 
lenged an oath as follows : 

"You do swear (or affirm) that you are a citizen of the 
United States; that you have resided in the state of Colorado 
twelve months immediately preceding this election; that you are 
twenty-one years of age; that you have resided in this district 
thirty days next preceding this election and that you have paid 
a school tax within this school district in the year next preced- 
ing this election; and that you have not voted at this election, so 
help you God (or under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation his vote 
shall be rejected. The judges may, however, reject the vote of 
any person offering to vote if in their judgment said voter is not 
qualified according to law, whether said voter takes said oath or 
not.— 8. L. '09. p. 495 

20. Returns certified immediately after polls close. Imme- 
diately after the close of the polls the judges in each voting pre- 
cinct shall open the ballot box and count the ballots and promptly 
thereafter certify the result to the board of directors of the dis- 
trict. "Said board shall, promptly after receiving said returns, 
open them, canvass the vote, and determine the result of the 
election, and said determination shall be entered in the minutes 
of the meeting of said board. — S. L. '09, p. 496 

21. Coupon bonds issued — when payable. If it shall appear 
that a majority of all the votes cast are "For the bonds" the 
board of directors, as soon as practicable, shall issue coupon bonds 
of the district in denominations of $100, $500 or $1,000, or all or 
either of such denominations or any combination of said denom- 
inations as circumstances may require, bearing interest at not 

11 



§§ 22-23 BONDS 

exceeding eight per cent, per annum in districts of the third class 
and not exceeding six per cent, per annum in districts of the 
first and second classes, payable semi-annually, and redeemable at 
the pleasure of the district at any time after a date to be fixed by 
said board not less than ten or more than twenty years after date, 
and payable at a date to be fixed by said board not less than 
twenty nor more than forty years from date, the principal and 
interest payable at the office of the treasurer of the county in 
which said district or the greater part thereof may be situated 
and said board also may make either the principal or interest or 
both payable at some banking house in either the cities of New 
York or Boston or Chicago, at the option of the holder. — 8. L. '09, 
p. 496 

22. Bonds payable to bearer — how signed. The bonds issued 
under the provisions of this act shall be payable to bearer. The 
board of directors of the district is authorized to prescribe the 
form of such bonds and the coupons thereto. Said bonds shall 
recite the title of the act under which they are issued, shall be 
signed by the president of the board of directors, countersigned 
by the county treasurer and bear the seal of the district and the 
coupons thereto annexed shall be signed by the president of the 
school board, by original or engraved signature. — 8. L. '09, p. 496 

23. County commissioners assess tax for payment — how paid. 

Whenever any school district shall issue bonds under the pro- 
visions of this act, it shall be the duty of the board of county com- 
missioners of the county in which said district may be situated to 
levy and assess a tax on the taxable property of said district in 
amount sufficient to pay the interest coupons, when the same shall 
become due, according to their tenor and effect, and the county 
treasurer shall collect the same as other taxes are collected, in cash 
only, keeping the same separate from other funds received by him ; 
and if there shall be any surplus after paying the coupons and the 
expense of collecting such tax, the treasurer shall, without delay, 
pass the same to the credit of such school district, and such fund so 
passed to the credit of the district shall be subject to the disposal 
of the board of directors. In the calendar year next preceding the 
date fixed by said board after which said bonds are redeemable and 
annually thereafter, until the full payment of said bonds, the said 
board of county commissioners shall provide by taxation and shall 
collect such a per centum of the principal of said bonds as will, in 

12 



BONDS § 24 

equal annual installments, be sufficient to redeem all of said bonds 
by the time they mature; which amount shall be assessed and col- 
lected the same as the tax for the payment of the interest coupons, 
and when collected shall be turned over to the treasurer of such 
school district, such money to be used only in the payment of such 
bonds in their numerical order beginning with bond number one, 
in the manner as follows : The treasurer of such school district, 
immediately after receiving the money as aforesaid, shall advertise 
in some newspaper published in his county, if there be any, and if 
not, in the newspaper published nearest the county seat of said 
county, once a week for four consecutive weeks, that on a certain 
day named in the advertisement, he will pay certain of the district 
bonds, said bonds to be described in the advertisement by number 
and amount and date of issue and the advertisement shall further 
state that after the day so fixed for payment the interest on 
the bonds described as aforesaid shall cease and determine. And 
after the day of payment fixed in said published notice the bonds 
so called shall cease to draw interest. The said payment 
shall be made at the office and in the presence of the treasurer of the 
county, who shall cancel the bonds redeemed, and a minute of such 
cancellation shall be made on the books of the county treasurer, 
after which they shall be at the disposal of the district board. — 
8. L. '09, p. 496 

24. Board keep record — auditor register bonds. Whenever 
the board of directors of any school district shall issue bonds 
under the provisions of this act, .they shall enter in and upon the 
records of such board an order requesting the county clerk and 
recorder of the county, wherein such school district is situate, to 
register the bonds in a book to be kept by him for that purpose, 
and when so registered, the legality thereof shall not be open to 
contest by such district or any person or corporation on behalf of 
such district for any reason whatever; and a certified copy of the 
order of the board so made and. entered of record shall be fur- 
nished said county clerk and recorder by said board of directors, 
and thereupon it shall be his duty to register said bonds, noting 
the name of the district and the amount, date of issuance and 
maturity and- rate of interest of said bonds, and he shall receive 
a fee of ten cents for registering each bond. 

The auditor of state shall prepare and deliver to each and 
every county clerk and recorder, whose county has within it any 

. 13 



§§ 25-27 BONDS 

school districts which have issued bonds and registered the same 
with such auditor, a certified copy of his records showing such 
registration; and such clerk and recorder shall file such copy in 
his office whereupon the force and effect thereof shall be the same 
as though the bonds had been originally registered in said office. 
—S. L. '15, j?. 410 

, 25. Districts in city under special charter. In all school 
districts which lie entirely within the exterior boundaries of any 
city operating under a special charter adopted under the pro- 
visions of article XX, of the constitution, no person shall be per- 
mitted to vote at any election called under the provisions of this 
act unless such person shall first have been registered as herein- 
after provided.— £. L. '09, p. 498 

26. No new registration required. For all such elections in 
the districts mentioned in section 13 no new registration shall be 
required, except as hereinafter provided, but any qualified elector 
of any such district whose name is on the registration books used 
at the then last preceding general election, whether county or 
municipal, and who resides within the district and still resides 
at the place designated in his said registration, shall be deemed 
properly registered for any such election; and additional regis- 
tration and changes in registration may be made as hereinafter 
provided.— #. L. '09, p. 498 

Note. Section 13 referred to is section 25 herein. 

27. Registration books furnished by county clerk. On the 

fourteenth day preceding any such election to be held, the county 
clerk of the proper county shall deliver to the registration com- 
mittee of each election precinct the original book of registration 
for that precinct as prepared and completed for the then next 
preceding general election, whether county or municipal, and on 
the tenth day preceding the election thus to be held, or if that 
day be a legal holiday or a Sunday, then on the succeeding day, 
the registration committee for each precinct shall sit from nine 
o'clock a. m. until nine o'clock p. m., at some suitable place to 
be provided by the county commissioners and centrally located 
within the precinct as far as practicable, and shall place on the 
said book of registration, next after the names already thereon, 
the names of all qualified electors of the district residing 'in that 
precinct who are not registered and who shall present themselves 

14 



BONDS §§ 28-30 

for registration and comply with the requirements prescribed by 
the general registration laws of this state.— 8. L. '09, p. 498 

38. Elector removing from precinct — how register. Any 
qualified elector whose name appears upon any such book of 
registration, but who has removed from the precinct in which he 
is registered to some other precinct within such district, may 
appear before the county clerk at any time within five days prior 
to any such election, and upon making oath in writing as to his 
then present residence, said county clerk shall draw a red line 
through the registration of such person, making a note as follows : 

1 ' Changed 19 , to precinct 

, ward , ' ' inserting 

the date and number of the precinct and ward therein, and shall 
register in red ink such person in the book of registration for the 
precinct in which such person then resides; and a change of resi- 
dence within the same precinct may be made in like manner. The 
county clerk or deputy making such a change shall sign his name 
in the column provided for the signatures of the registration com- 
mittee, and the person so registered shall also sign his name as in 
the case of an original registration. — 8. L. '09, p. 499 

20. Registration books — where kept. Immediately after 
completing such registration said registration committee shall de- 
liver the original book of registration to the county clerk, who 
shall retain the same until the day prior to the election, when he 
shall deliver the same to the judges of election selected by said 
board of directors for their use at such election, properly certified, 
but the county clerk shall not, for any such election, make and 
furnish any copy of such registration list at public expense, nor 
shall he make any charge for delivering said original books of reg- 
istration as required herein; but his compensation for all other 
matters hereby required shall be as fixed by the registration laws 
of this state.— 8. L. '09, p. 499 

30. Petition for purging lists. At any time prior to the 
delivery of the original book of registration to the registration 
committee of the precinct, as herein provided, a petition for 
purging the list may be filed as to the registration list appearing 
therein, and at any time prior to the seventh day before election 
a petition may be filed for purging the list of additional registra- 
tions made as herein provided, which petition and the procedure 

15 



§§ 31-33 BONDS 

and relief thereunder shall be the same, as near as may be, as pro- 
vided in the registration laws of this state. And the registration 
and election laws of this state shall govern in all matters con- 
nected with the making of said registration except as herein other- 
wise provided. — 8. L. '09, p. 500 

31. Repealing clause — proceedings under repealed acts. 
Sections 5942, 5943, 5944 and 5945 of the Revised Statutes of 
Colorado, 1908, and all other acts and parts of acts inconsistent 
herewith are hereby repealed; Provided, That the repeal of said 
acts and parts of acts shall in no wise affect any bonds issued 
thereunder. 

Any and all proceedings heretofore had or which are now 
being had or carried forward, under the acts hereby repealed or 
any, all or either of them, may be carried forward, completed or 
consummated under this act and bonds contemplated by such 
procedure may be issued in the form and with the terms and ac- 
cording to the provisions of this act. — S. L. '11, p. 582 

32. Redemption of bonds — premium. In all districts that 
have issued bonds under the provisions of the laws of the terri- 
tory of Colorado, the treasurer of the district, immediately after 
receiving the annual installment of the funds for the redemption 
of said bonds, as provided in section 91, shall go into the market 
and, at the lowest price for which he can obtain such bonds, shall 
use such funds in the retiring of such bonds to the extent of such 
fund ; Provided, That the said treasurer shall not pay more than 
five per cent, premium on any bonds of his district, and any 
balance of said funds remaining in the hands of said treasurer 
shall be invested, as nearly as possible, in United States bonds or 
state bonds of Colorado. — R. 8. 5946 

Note. Section 91 above referred to is section 23 herein. 

33. U. S. and state bonds purchased by district treasurer — 
how kept — proceeds — sale. All United States or state bonds 
which may come into the hands of any district treasurer, under 
the provisions of this act, shall be duly recorded in the books of 
the district, and deposited in the safety vault of some bank within 
the state, selected by the district board. The interest coupons of 
said bonds shall be duly collected by the district treasurer, and 
the proceeds turned over to the county treasurer, to be used in 
the payment of the interest coupons of the bonds of such district, 

16 



BONDS' §§ 34-36 

and the annual tax for the payment of the interest on said district 
bonds shall be proportionately lessened. Said United States or 
state bonds shall be sold by the district board at the best market 
rates, and the proceeds thereof used to redeem the bonds of the 
district when the same become due or when they can be bought 
at not to exceed five per cent, premium. — R. 8. 5947 

34. Change of boundaries not release property— annexed 
property. No change in the boundary lines of such school district 
shall release the taxable real estate of the district from assessment 
and levy of taxes to pay the interest and principal of such bonds, 
and if there shall be any change of the lines of such school dis- 
trict, so as to leave any portion of the taxable real estate of the 
district out of the district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assessment and 
levy for principal and interest of such bonds shall be made on 
such property as if it were still within the district, and if there 
shall be any change of the lines of such school district, so as to 
annex any taxable real estate, after the issue of such bonds, the 
real estate so annexed shall thereafter be subject to the assess- 
ment and levy for principal and interest of such bonds. — R. 8. 
5948 

35. County treasurer's fees. The treasurer of the county 
shall receive the same compensation for the collection of such 
special taxes as he does for other school taxes. — R. 8. 5949 

Note. See Revised Statutes for per cent, of Compensation. 

36. Refunding bonds* — when issued — interest — redemption. 

That when the bonded indebtedness of any school district in this 
state has matured, or may hereafter mature, or has or may here- 
after become redeemable at the pleasure of the district, and there 
shall not be funds in the treasury of such school district available 
for that purpose with which to redeem or pay such bonds, it. shall 
be lawful for the board of directors of such school district to issue 
and sell new bonds, equal to the sum necessary and not otherwise 
provided for the payment of the bonds then matured or those 
then redeemable at the pleasure of such school district, and such 
bonds thus issued shall not be sold at a less price than their par 
value; Provided, It shall be lawful for the board of directors of 
any school district having a bonded indebtedness, to refund the 
same, at any time, with the consent of the bond owners, in bonds 

17 



§§ 37-39 BONDS 

bearing a less rate of interest than the bonds so refunded and 
running for a longer time, which said bonds thus issued shall be 
exchanged at not less than par for the bonds outstanding. 

Provided, further, That all bonds issued under this section 
shall bear interest at such rate as said school board may deter- 
mine, not to exceed 8 per cent, per annum, and shall be redeem- 
able at the pleasure of the district board, in not to exceed ten 
years and payable in not to exceed twenty years from the date 
thereof, and the date after which said bonds are redeemable shall 
be plainly written or printed on the face thereof. — R. S. 5950 

37. What laws apply to issue and payment — except. All the 

provisions of the laws of the state of Colorado, now existing, re- 
lating to the duties of district and county officers in the issue 
and payment of district bonds, and relating to the assessment and 
collection of taxes for the payment of the interest and principal 
of school district bonds, shall be held to apply equally and in like 
manner to all matters pertaining to the issue and payment of 
bonds issued under the provisions of this act, except that the time 
when taxes shall be levied and collected for the payment of the 
principal of said bonds shall be as hereinafter provided. — R. S. 
5951 

38. County commissioners levy tax — treasurer collect. At 

the time provided by law for the levying of county taxes in the 
year next preceding the date at which the first installment of said 
bonds shall mature, and every year thereafter until the whole 
amount of said bonds shall be redeemed, the board of county 
commissioners of any county in which bonds shall have been 
issued under the provisions of this act, shall levy a tax sufficient 
to pay not less than ten per centum nor more than twenty per 
centum of the principal of said bonds, and the .county treasurer 
shall collect the same as other taxes are collected, and shall pay 
the amount so collected to the district treasurer as is now pro- 
vided by law.— R. S. 5952 

39. Proviso — submission for refunding — against refunding. 
Provided, however, That no bonds shall be issued under the pro- 
visions of this act until the question of refunding shall first have 
been submitted to, and approved by, the qualified voters of the 
district as is now or may be provided by law, except that the 
electors shall vote "for refunding," or "against refunding," in- 
stead of ' ' for the bonds, " or ' ' against the bonds. ' ' — R. S. 5953 

18 



BONDS § 40 

COUNTY HIGH SCHOOL BONDS 

40. Notice of bond election given upon petition. On the 
petition of fifty voters having the qualifications hereinafter pre- 
scribed, of any high school district, the county superintendent of 
public schools and ex officio secretary of said district shall give 
notice, not less than twenty days before any regular meeting now 
or which may hereafter be provided by law, for electing members 
of school boards in the respective districts of the state, or special 
meeting held under the provisions of this act, that the question of 
contracting a bonded debt for the purpose of erecting and fur- 
nishing high school buildings, or purchasing grounds, or for fund- 
ing floating debts, will be submitted to such qualified voters of 
the high school district as have paid a school tax therein in the 
year next preceding said meeting. Notice of such meeting shall 
be given and such meeting shall be held and conducted and the 
returns thereof made and the result declared in the manner as 
nearly as may be as is by this act provided for the organization 
of high school districts. Any person offering to vote at such meet- 
ing in the respective public school districts of the high school 
district, may be challenged by any legally qualified elector of the 
district and any one oi the judges of election shall thereupon ad- 
minister to the person challenged, an oath as follows : 

"You do swear (or affirm) that you are a citizen of the 
United States ; that you have resided in the state of Colorado one 
year immediately preceding this election; that you are twenty- 
one years of age ; that you have resided in this district thirty days 
next preceding this election, and that you have paid a school tax 
within this school district in the year next preceding this election, 
and that you have not voted at this election, so help you God (or 
under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation, his vote 
shall be rejected. The high school committee of any such high 
school district shall first agree, and certify the amount of indebt- 
edness to be created, if any. In no case shall the aggregate 
amount of bonded indebtedness of any high school district for 
high school purposes, exceed two per cent, of the assessed value 
of the property of such high school district. At such election a 
separate ballot box for this purpose shall be provided and the 
qualified electors shall vote by ballot "For high school bonds" or 
"Against high school bonds." If it shall appear from the final 

19 



§§ 41-42 BONDS 

record of the county superintendent that a majority of all the 
votes cast are for the high school bonds, the high school com- 
mittee, as soon as practicable thereafter, shall issue coupon bonds 
of the high school district, bearing interest not exceeding six per 
cent, per annum, payable' semi-annually and redeemable at the 
pleasure of the high school district at any time after a date to be 
fixed by said high school committee not less than ten years after 
date, and to be absolutely due and payable at a date to be fixed 
by said high school committee not less than twenty nor more than 
forty years from date, the principal and interest payable at the 
office of the treasurer of the county in which said high school 
district may be situate, or the interest may be payable in the city 
of New York, at the option of the holders thereof, and the can- 
celed coupons shall be at the disposal of the high school com- 
mittee. All such bonds so issued shall be signed by the president 
of the high school committee, and shall have the seal of the high 
school district attached, attested by the secretary and shall be 
countersigned by the county treasurer, and the coupons thereto 
annexed shall be signed by the president of the high schood com- 
mittee by original or engraved signature. — 8. L. '09, p. 404. 

41. Bonds to be registered by county clerk. Whenever any 
high school district shall issue bonds under the provisions of this 
act, all such bonds shall, previous to being negotiable, be pre- 
sented to the recorder of the county, to be duly registered by 
him in a book kept for that purpose in his office, noting the amount, 
time of payment and rate of interest, and all such bonds shall state 
on their face that they are issued under the provisions of this act. — 
8. L. '09, p. 405 

42. Commissioners levy tax for principal and interest — how 
paid — surplus. Whenever any high school district shall issue 
bonds under the provisions of this act, it shall be the duty of the 
board of commissioners of the county in which said district may 
be situated, to levy and assess a special tax on all the taxable 
property of such high school district, in amounts sufficient to pay 
the interest coupons thereon, when the same shall become due, ac- 
cording to their tenor and effect, and the county treasurer shall 
collect the same as other taxes are collected, in cash only, keeping 
the same separate from other funds received by him ; and if there 
shall be any surplus after paying the coupons and the expenses 
of collecting such special tax, the treasurer shall without delay 

20 



BONDS §§ 43-44 

pass the same to the credit of such high school district, and such 
fund so passed to the credit of such district shall be subject to 
the disposal of the high school committee. And in the calendar 
year next preceding the date fixed by said high school committee 
after which said bonds are redeemable and annually thereafter, 
until the full payment of said bonds, the said county commis- 
sioners shall provide by taxation and shall collect such a per 
centum of the principal of said bonds as will, in equal annual 
installments, be sufficient to redeem all of said bonds by the time 
they mature, which amount shall be assessed and collected the 
same as the tax for the payment of the interest coupons, and when 
collected shall be turned over to the treasurer of such high school 
district, such money to be used only in the payment of such bonds, 
in the manner as follows : 

The treasurer of such high school district, immediately after 
receiving the money as aforesaid, shall advertise in some news- 
paper published in his county, if there be any, for four successive 
weeks, that on a certain day named in the advertisement, he will 
pay certain of the high school district bonds, said bonds to be 
described in the advertisement by number and amount, and the 
advertisement shall further state that after the day so fixed for 
payment, the interest on the bonds described as aforesaid, shall 
cease and determine. The said payment shall be made at the 
office and in the presence of the treasurer of the county, who shall 
cancel the bonds redeemed, and a minute of such cancellation 
shall be made on the books of the county recorder, after which 
they shall be at the disposal of the high school committee. — 8. L. 
'09, p. 405 

43. Bonds redeemed — go in open market. In all high school 
districts that may issue bonds under the provisions hereof, the 
treasurer of such district, immediately after receiving the annual 
installment of the fund for the redemption of said bonds, as pro- 
vided in the foregoing section hereof, shall go into the market 
and at the lowest possible price for which he can obtain such 
bonds, shall use such fund in the retiring of such bonds to the 
extent of such fund. — 8. L. '09, p. 406 

44. Change in boundary not release taxable property. No 

change in the boundary lines of such high school district shall 
release .the taxable real estate of the district from assessment and 
levy of taxes to pay the interest and principal of such bonds, and 

21 



§§ 45-47 BONDS 

if there shall be any change of the lines of such high school dis- 
trict, so as to leave any portion of the taxable real estate of the 
district out of such district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assessment and 
levy for principal and interest of such bonds shall be made on 
such property as if it were still within the district, and if there 
shall be any change of the lines of such high school district, so as 
to annex any taxable real estate after the issue of such bonds, the 
real estate so annexed shall thereafter be subject to the assess- 
ment and levy for principal and interest of such bonds. — S. L. '09, 
p. 407 

45. Compensation of county treasurer. The treasurer of the 
county shall receive the same compensation for the collection of 
such special taxes as he does for other school taxes. — 8. L. '09, 
p. 407 

46. Special meetings — purpose — notice. In any high school 
district the high school committee may at any time call a special 
meeting of the electors of such district for any of the purposes 
specified in this act, and the notice of such special meetings shall 
be given and such special meeting shall be held and the result 
thereof declared, in the same manner as nearly as may be as is 
provided by this act in the case of meetings for the organization of 
high school districts— £. L. '09, p. 407 

47. What high school districts subject to this act — no dis- 
trict obliged to maintain two high schools. All high school dis- 
tricts organized and now existing under the provisions of chapter 
100 of the Session Laws of Colorado, 1899, being "An act to pro- 
vide for the establishment and support of high schools in counties 
of the fourth and fifth classes, ' ' approved April 8th, 1899, or under 
chapter 219 of the Session Laws of Colorado, 1907, being "An 
act to amend an act entitled an act to provide for the establish- 
ment and support of high schools in counties of the fourth and 
fifth classes," approved April 9th, 1907, are hereby declared to be 
duly organized high school districts under the provisions of this 
act, and entitled to enjoy all the privileges and exercise all of 
the powers conferred by this act, and shall hereafter be subject 
to the provisions of this act; Provided, That no school district in 
any county shall be taxed without its consent for the support of 
more than one class or kind of high school, the establishment of 

22 



BONDS ■ § 47 

which is authorized by law; and in voting on the organization 
of a county high school district under the provisions of this act, 
any school district then maintaining a high school or any school 
districts then organized into a union high school district and main- 
taining therein a union high school may by voting against the 
organization of a county high school district be excluded from 
such county high school district; but if any school district main- 
taining a high school or districts maintaining a union high school 
shall, under the provisions of this section vote against the organi- 
zation of a county high school district, the ballots cast in such 
district or districts shall be considered only upon the question of 
exclusion and shall not be considered in determining the final 
result upon the question of organizing a county high school dis- 
trict. And providing further that any school district maintaining 
a high school, or any districts organized into a union high school 
district and maintaining therein a union high school, may abandon 
such high school organization and organize under the provisions 
of this act.— 8. L. '09, p. 407 



23 



48 



CERTIFICATES 



Note. For state, college and other diplomas, see general heading 
"Diplomas." 

48. Grades of certificates — renewals — record. The certifi- 
cates issued by the county superintendent shall be of three grades, 
distinguished as first, second and third. The first grade certificate 
shall be valid for three years and may be renewed by the county 
superintendent of the county in which it was issued; the second 
grade certificate shall be valid for eighteen months; the third 
grade certificate shall be valid for nine months; Provided, how- 
ever, That not more than two certificates of the same grade (third 
grade) shall be issued to the same person. A county superin- 
tendent may, upon the application of a teacher holding a first 
grade certificate, received at a regular examination in another 
county in the state, and in full force at the time, issue to said 
teacher a certificate of like grade ; Provided, That such certificate 
shall not show the standing in each branch, nor be subject to re- 
newal, but shall show the conditions upon which it is issued. And 
he may revoke certificates of any grade at any time, for immo- 
rality, incompetency or other just cause. It shall be deemed a 
violation of law to grant certificates of any of the above grades, 
except one of like grade, without requiring the applicant to pass 
a thorough and satisfactory examination in such branches and at 
such times as are specified in section 15 of this act; and in all 
such examinations the questions prepared by the superintendent 
of public instruction shall be used. In case a 'certificate is revoked 
or refused by the county superintendent, the right of appeal to 
the state board of education shall not be denied the teacher or 
applicant, if said appeal be taken within thirty days from date 
of notice of such revocation or refusal. The county superintend- 
ent shall keep an official record in a suitable book of the persons 
so examined, containing the names, age, nativity, date of exam- 
ination and grade of certificate issued; he shall also retain for 
three months the written answers of all applicants at the regular 

24 



CERTIFICATES § 48 

examinations and hold the same subject to the order of the state 
board of education ; Provided, further, That in a -school district 
of the first class the examination may be conducted by the school 
board of such district in such manner and at such times as the 
board may determine, who shall have power to issue district cer- 
tificates of the same grades and under the same conditions as are 
specified in sections 15 and 16 of this chapter; said certificates, 
however, shall be reported to the county superintendent, who shall 
keep a record of the same, and shall be valid only in the district 
where issued, such boards may, however, if they see fit, issue cer- 
tificates without examinations to high school teachers who hold 
satisfactory evidence of adequate training for the work they are 
to do.— B. 8. 5994 

Note. Section 15 above referred to is section 165 and section 16 is 
section 48 herein. 

Note. Questions prepared by superintendent of public instruction, 
see section 309. 

Note. For teaching languages other than English and music and 
drawing, see section 338, decision one. 



25 



§ 49 



CHILDREN 



CHILD LABOR LAW 

49. Employment of child under fourteen — exception. That 
no child under the age of fourteen years shall be employed, per- 
mitted or suffered to work at any gainable occupation in any 
theatre, concert hall or place of amusement where intoxicating 
liquors are sold, or in any mercantile institution, store, office, 
hotel, laundry, manufacturing establishment, bowling alley, pas- 
senger or freight elevator, factory or workshop, or as a messenger 
or driver therefor, within this state. That no child under the age 
of fourteen years shall be employed at any work performed for 
wages or other compensation, to whomsoever payable, during any 
portion of any month when the public schools of the town, town- 
ship, village or city in which he or she resides, are in session, nor 
be employed in any work before the hour of seven o'clock in the 
morning, or after the hour of eight o'clock in the evening; pro- 
vided, that no child shall be allowed to work more than eight hours 
in any one day. 

The general assembly of the state of Colorado does hereby 
declare that all occupations or employments in which children are 
forbidden to engage by the provisions of this act shall be and 
hereby are declared to be injurious or dangerous to health, life or 
limb. The employments or occupations permitted under this act, 
under the sections hereof providing for exemptions shall be con- 
sidered injurious or dangerous to health, life or limb, unless it 
shall appear from the evidence produced before the authorities 
permitted to grant such exemptions that, in their opinion, the 
injury or danger to health, life or limb, has been removed; pro- 
vided, also that where conditions are such as to justify granting 
a permit exempting children from the provisions of this act to 
take part in concerts and theatrical performances and where such 
permits have been granted the performances of such children shall" 
be construed to be a part of their training and education. 

Nothing in this act shall be construed to prevent the employ- 
ment of children in any fruit orchard, garden, field or farm, pro- 

26 



CHILDREN— CHILD LABOR LAW §§ 50-51 

vided that any child under fourteen years of age engaging in 
such employment for persons other than their own parents must 
first secure a permit from the superintendent of schools in ac- 
cordance with the provisions of section fifteen of this act. The 
hours of work during each day, or in any week shall be in com- 
pliance with the provisions of this act as to the hours during any 
day or week when children may be employed. — 8. L. '11, p. 232 
Note. Section 15 above referred to is section 63 herein. 

50. Exhibit of child under sixteen — exception. It shall be 
unlawful for any person having the care, custody or control of 
any child under the age of sixteen years, or apparently under the 
age of sixteen years, to exhibit, use or employ such child as an 
actor or performer in any concert hall or room where intoxicating 
liquors are sold or given away, or in any variety theatre, or for 
any illegal, obscene, indecent or immoral purpose, exhibition or 
practice whatsoever, or for any business, or in any place, situation 
or exhibition or vocation injurious to the morals or health, or 
dangerous to the life or limb of such child, or cause, procure or 
encourage such child to engage therein. Nothing in this section 
contained shall apply to or effect the employment or use of any 
such child as a singer or musician in any church, school or acad- 
emy, or the teaching or learning the science or practice of music, 
or in the physical development of its body in any respectable 
gymnasium or natatorium; Provided, that any child may be per- 
mitted to take part in any concert or any theatrical exhibition 
that is being given for profit with the written consent of the au- 
thority provided by this act for the granting of permits to children 
for exemptions from the provisions of this act. 

Nothing in this act shall be construed to prevent children 
taking part in what are known as amateur entertainments or 
theatricals for charity or not for profit in schools, churches, set- 
tlement houses or boys' or girls' clubs. — 8. L. '11, p. 233 

51. Employment underground works under sixteen. It 
shall be unlawful for any person, firm or corporation to take, 
receive, hire or employ any child or children under sixteen years 
of age in any underground works or mine, in or about the surface 
workings thereof, or in any smelter, coke oven or to adjust any 
belt to any machinery, or to operate or assist in operating circular 
or band saws, wood-shapers, wood-jointers, planers, sand-paper 

27 



§ 52 CHILDREN— CHILD LABOR LAW 

or wood-polishing machinery, emery or polishing wheels used for 
polishing metal, wood-turning or boring machinery, stamping ma- 
chines in sheet-metal and tinware manufacturing, stamping ma- 
chines in washer and nut factories, operating corrugating rolls, 
such as are used in roofing factories, nor shall they be employed 
in operating any passenger or freight elevators, steam boiler, 
steam machinery or other steam generating apparatus, or auto- 
mobiles, wire or iron straightening machinery; nor shall they 
operate or assist in operating rolling mill machinery punches or 
shears, washing, grinding or mixing mill or calendary rolls in 
rubber manufacturing, nor shall they operate or assist in oper- 
ating laundry machinery, nor shall children be employed in any 
capacity in preparing any composition in which dangerous or 
poisonous acids are used, and they shall not be employed in any 
capacity in the manufacture of paints, colors or white lead; nor 
shall they be employed in any capacity whatever in the manufac- 
ture of goods for immoral purposes; nor shall females under the 
age of sixteen years of age be employed in any capacity what- 
soever where such employment compels them to remain standing 
constantly. No female child under ten years of age, shall sell or 
be permitted or allowed to sell or distribute any newspapers, 
periodicals or other publication or any article of merchandise or 
to engage in or carry on any other business of occupation in the 
streets or alleys of any town or city. — 8. L. '11, p. 234 

52. Employer to keep register — school certificate. It shall 
be the duty of every person, firm or corporation, agent or man- 
ager of any firm or corporation employing minors over 14 years 
and under 16 years of age in any mercantile institution, store, 
office, hotel, laundry, manufacturing establishment, bowling alley, 
theatre, concert hall or place of amusement, passenger or freight 
elevator, factory or workshop or as a messenger or driver there- 
for, within this state, to keep a register in said mercantile insti- 
tution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, fac- 
tory or workshop in which said minors shall be employed or per- 
mitted or suffered to work, in which register shall be recorded 
the name, age and place of residence of every child employed or 
suffered or permitted to work there, or as messenger or driver 
therefor, over the age of 14 and under the age of 16 years; and 
it shall be unlawful for any person, firm or corporation agent or 

28 



CHILDREN— CHILD LABOR LAW §§ 53-54 

manager of any firm or corporation to hire or employ, or permit 
or suffer to work in any mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, theatre, con- 
cert hall or place of amusement, passenger or freight elevator, 
factory or workshop, or as messenger or driver therefor, any child 
under the age of 16 years and over 14 years of age, unless there 
is first produced and placed on file in such mercantile institution, 
store, office, hotel, laundry, manufacturing establishment, bowling 
alley, factory or workshop, theatre, concert hall or place of amuse- 
ment, an age and school certificate approved as hereinafter pro- 
vided.— £. L. '11, p. 235 

53. List of employed posted in work room. Every person, 
firm or corporation, agent or manager of a corporation employing 
or permitting or suffering to work five or more children under 
the age of 16 years and over the age of 14 in any mercantile 
institution, store, office, laundry, hotel, manufacturing establish- 
ment, factory or work-shop, shall post and keep posted in a con- 
spicuous place in every room in which such help is employed, or 
penmitted or suffered to work, a list containing the name, age 
and place of residence of every person under the age of 16 years 
employed, permitted or suffered to work in such room. — 8. L. '11, 
p. 235 

54. Age and school certificate. No child permitted to be 
employed under this act shall be employed in any mercantile 
institution, store, office, 'hotel, laundry, manufacturing establish- 
ment, bowling alley, theatre, concert hall, or place of amusement, 
passenger or freight elevator, factory or work-shop, or as messen- 
ger or driver therefor, unless there is first produced and placed 
on file in such mercantile institution, store, office, hotel, laundry, 
manufacturing establishment, bowling alley, theatre, concert hall 
or place of amusement, factory or workshop, and accessible to 
the state factory inspector, assistant factory inspector or deputy 
factory inspector, an age and school certificate as hereinafter 
prescribed; and unless there is kept on file and produced on de- 
mand of said inspectors of factories a complete and correct list 
of all the minors under the age of 16 years so employed who can-, 
not read at sight and write legibly simple sentences, unless such 
child is attending night school as hereinafter provided. — 8. L. '11, 
p. 236 

29 



§§ 55-57 CHILDREN— CHILD LABOR LAW 

55. Age and school certificate — how approved. An age and 

school certificate shall be approved only by the superintendent of 
schools or by a person authorized by him in writing; or where 
there is no superintendent of schools, by a person authorized by 
the school board; Provided, that the superintendent or principal 
of a parochial school shall have the right to approve an age and 
school certificate, and shall have the same rights and powers as 
the superintendent of public schools to administer the oaths 
herein provided for children attending parochial schools; Pro- 
vided further, that no member of a school board or other person 
authorized as aforesaid shall have authority to approve such cer- 
tificates for any child then in or about to enter his own establish- 
ment, or the employment of a firm or corporation of which he is a 
member, officer or employe. The person approving these certifi- 
cates shall have authority to administer the oath provided herein, 
but no fee shall be charged therefor. It shall be the duty of the 
school board or local school authorities to designate a place (con- 
nected with their office, when practicable) where certificates shall 
be issued and recorded, and to establish and maintain the neces- 
sary records and clerical service for carrying out the provisions 
of this act.— 8. L. '11. p. 236 

56. Proof of age. An age and school certificate shall not be 
approved unless satisfactory evidence is furnished by the last 
school census, the certificate of birth or baptism of such child, the 
register of birth of such child with a town or city clerk, or by the 
records of the public or parochial schoojs, that such child is of 
the age stated in the certificate: Provided, that in cases arising 
wherein the above proof is not obtainable, the parent or guardian 
of the child shall make oath before the juvenile or county court 
or any officer thereof as to the age of such child, and the court 
may issue to said child an age certificate as sworn to. — S. L. '11, 
p. 237 

, 57. Employment ticket. The age and school certificate of a 
child under 16 years of age shall not be approved and signed until 
he presents to the person authorized to approve and sign the 
same a school attendance certificate, as hereinafter prescribed, 
duly filled out and signed. A duplicate of such age and school 
certificate shall be filled out and shall be forwarded to the state 
factory inspector's office. Any explanatory matter may be 
printed with such certificate, in the discretion of the school board 

30 



CHILDREN— CHILD LABOR LAW § 57 

or superintendent of schools. The employment and the age and 
school certificates shall be separately printed and shall be filled 
out, signed and held or surrendered as indicated in the following 
forms: 

School Certificate. 

(Name of school.) (City or town and date.) 

This certifies (name of minor) of the th grade, can 

read and write legibly simple sentences.- This also certifies that 
according to the records of this school, and in my belief, the said 
(name of minor) was born at (name of city or town), in (name 
of county), on the (date) and is now (number of years and 
months) old. 

(Name of parent or guardian.) 

(Residence.) 

(Signature of teacher) grade. 

(Name of principal.) 

Evening School Attendance Certificate. 

(Date.) 

This certifies that (name of minor) is registered in and regu- 
larly attends the evening school. This also certifies 

that according to the records of my school and in my belief the 
said (name of minor) was born at (name of city or town), on the 

day of (year), and is now (number of years and months) 

old. 

(Name of parent or guardian.) 

(Residence.) 

(Signature of teacher.) 

(Signature of principal.) 

Age and School Certificate. 

This certifies that I am (father, mother, guardian or custo- 
dian) of (name of minor), and that (he or she) was born at (name 

31 



§ 58 CHILDREN— CHILD LABOR LAW 

of town or city), in the (name of county, if known) and state and 

county of on the (day of birth and year of birth) 

and is now (number of years and months) old. 

(Signature of parent, guardian or custodian.) 

(City or town and date.) 

There personally appeared before me the above named (name 
of person signing) and made oath that the foregoing certificate 
by (him or her) signed is true to the best of (his or her) 
knowledge. I hereby approve the foregoing certificate of (name 

of child) height (feet and inches), weight , complexion 

(fair or dark), hair (color), having no sufficient reason to doubt 
that (he or she) is of the age therein certified. 

Owner of Certificate. This certificate belongs to (name of 
child in whose favor it is drawn) and is to be surrendered to (him 
or her) whenever (he or she) leaves the service of the corporation 
or employer holding the same; but if not claimed by said child 
within thirty days from such time it shall be returned to the 
superintendent of schools, or where there is no superintendent of 
schools, to the school board. (Signature of person authorized to 
approve and sign, with official character authority) (town or city 
and date.) 

Illiteracy. In the case of a child who can not read at sight 
and write legibly, simple sentences, the certificate shall continue 
as follows: after the word sentences: "I hereby certify that (We 
or she) is regularly attending the (name of public or parochial 
evening school.)" This certificate shall continue in force just as 
long as the regular attendance of said child at said evening school 
is certified weekly by the teacher and principal of such school. 

Evening School. In any city or town in which there is no 
public or parochial evening school, an age and school certificate 
shall not be approved for a child under the age of 16 years who 
can not read at sight and write legibly simple sentences, the cer- 
tificate of the principal of a public or parochial school shall be 
prima facie evidence as to the literacy or illiteracy of the child. 
— S. L. '11, p. 239 

58. Schooling required. No person shall employ any minor 
over 14 years of age and under 16 years, and no parent, guardian 
or custodian shall permit to be employed any such minor under 

32 



CHILDREN— CHILD LABOR LAW §§ 59-60 

his control who can not read at sight and write legibly simple 
sentences, while a public evening school is maintained in the town 
or city in which such minor resides, unless such minor is a regu- 
lar attendant at such evening school. — 8. L. '11, p. 239 

59. Duties of state inspectors of factories. The state in- 
spector of factories, his assistants or deputies, shall visit all mer- 
cantile institutions, stores, offices, laundries, manufacturing estab- 
lishments, bowling alleys, theatres, concert halls or places of 
amusement, factories or workshops, and all other places where 
minors are or may be employed in this state, and ascertain 
whether any minors are employed contrary to the provisions of 
this act. Inspectors of factories may require that age and school 
certificates, and all lists of minors employed in such factories, 
workshops, mercantile institutions and all other places where 
minors are employed as provided for in this act, shall be produced 
for their inspection on demand. And, provided, further, that 
upon written complaint to the school board or local school author- 
ities of any city, town, district or municipality, that any minor 
(whose name shall be given in such complaint) is employed in any 
mercantile institution, store, office, laundry, manufacturing estab- 
lishment, bowling alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop, or as 
messenger or driver thereof, contrary to the provisions of this act, 
it shall be the duty of such school board or local school authority 
to report the same to the state inspector of factories. — 8. L. '11, 
p. 240 

60. Hours of labor. No person under the age of 16 years 
shall be. employed or suffered or permitted to work at any gainful 
occupation more than forty-eight hours in any one week, nor 
more than eight hours in any one day ; or after the hour of 8 :00 
o 'clock in the evening. Every employer shall post in a conspicu- 
ous place in every room where such minors are employed, a 
printed notice stating the hours required of them each day of the 
week, the hours of commencing and stopping work, and the hours 
when the time or times allowed for dinner or other meals begins 
and ends. The printed form of such notice shall be furnished by 
the state inspector of factories, and the employment of any such 
minor for longer time in any one day so stated shall be deemed 
a violation of this section. — 8. L. '11, p. 240 



33 



§§ 61-63 CHILDREN— CHILD LABOR LAW 

61. Prima facie evidence of a child's employment. The 

presence of any person under the age of 16 years in any manu- 
facturing establishment, factory or workshop shall constitute 
prima facie evidence of his or her employment therein. — S. L. '11, 
p. 240 

62. Enforcement of the provisions of this act. It shall be 
the special duty of the state factory inspector to enforce the pro- 
visions of this act and to prosecute all violations of the same 
before any magistrate or any court of competent jurisdiction in 
this state. It shall be the duty of the state factory inspector, 
assistant state factory inspector and deputy state factory in- 
spectors under the supervision and direction of the state factory 
inspector, and they are hereby authorized and empowered to visit 
and inspect, at all reasonable times, and as often as possible, all 
places covered by this act ; provided, that this act shall not be 
construed to repeal any law of this state imposing duties or re- 
sponsibilities upon any other officer or person to make inspections 
or bring prosecutions for the violation of any school law or any 
other law of this state for the protection of children.- — S. L. '11, 
p. 241 

63. Child exempted— how. Any child may be exempted 
from the provisions of this act concerning employment of children 
in any concert or theatrical exhibition or performance in any 
place wher,e intoxicating liquors are not sold, and between the 
ages of fourteen and sixteen, from any other provisions of this 
act, except the provisions of section three, on the following condi- 
tions : Any such child, its parent or person seeking to employ 
such child shall file an application in writing with the city super- 
intendent of schools if there be any such city superintendent of 
schools — and if not, then with the county superintendent of 
schools, or any person deputized by them to receive and act upon 
such application, stating his or her age, residence, address, school 
attendance, grade, names of parent, parents or guardian, and in 
detail the nature of employment sought, the number and char- 
acter of the performances, the kind of work required and the 
name of the employer, and such facts as may be required to 
enable such person to pass intelligently upon such application. 
Within not less than 48 hours of the filing of such application, it 
shall be the duty of such officer to hear and determine such appli- 
cation, and if the same shall be granted, such officer granting the 

34 



CHILDREN— CHILD LABOR LAW § 63 

same, shall issue a written permit to such child, stating therein 
his reasons for such permit. If such application is refused, the 
child or the person making same for the child shall be entitled 
upon demand, within 24 hours after such refusal, to be furnished 
with a written statement of the reasons of such officer for refus- 
ing to issue such permit. An appeal may be taken from the 
decision of such officer so passing upon such application to the 
county or juvenile court of the county in which such application 
is made, upon such child, its parent or guardian or any person 
interested in the protection of such child filing a brief written 
petition with the clerk of said court, with a copy of such refusal 
to grant such permit; provided, such appeal is taken within ten 
days after the refusal to issue such permit. No fee shall be 
charged for any such application or on account of any such 
appeal. No permit shall be granted under the provisions of this 
section to any child to be employed in any concert or theatrical 
exhibition or performance unless it shall be made to appear that 
suitable provisions have been made by the employer of such child 
for the protection of the moral and physical health and the educa- 
tion of such child. The person passing upon such application or 
any court before whom such matter may be brought for final 
determination, may, as a condition to granting such permit, make 
such reasonable terms and conditions as shall seem necessary and 
proper for safeguarding th,e moral and physical health of such 
child and giving it such educational advantages as may seem to be 
for its best interests. And it shall be lawful to attach as a condi- 
tion to any such permit mentioned in this section a written 
promise of the employer of such child to comply with the terms 
thereof and a bond or undertaking to the people of the state of 
Colorado in a penal sum to be fixed by the court, not exceeding 
two thousand dollars, with one or more sureties may be required 
by the court of such employer conditioned that he will faithfully 
carry out the terms and conditions upon which such permit may 
be granted. Permits or copies certified to as correct by the 
authorities issuing the same granting exemptions from this act 
for children to appear in any concert or theatrical performance 
shall be kept on file at the box office of concert halls or theatre 
in which any such child may appear under such permits. All 
such permits shall be subject to inspection by the humane society 
and probation officers and factory inspectors. Any person may 
apply to the county or juvenile court to have the exemption 

35 



§ 64 CHILDREN— CHILD LABOR LAW 

permitted by this act revoked by such court by filing with the 
clerk of the court a short petition setting up the facts showing 
that the conditions of the permit granting such exemption have 
been violated, or that it is not for the best interest of such child 
to have such permit or exemption. Whereupon, the court shall 
issue a summons or notice to such child and to at least one of its 
parents or guardian, if there be such parent or guardian in the 
county, requiring them to appear before such court within not 
less than forty-eight hours to show cause why the prayer of such 
petition should not be granted or such permit or exemption should 
not be revoked. During that part of the months of June, July 
and August when the public schools are not in regular session, 
children over twelve years of age shall be entitled to exemptions 
from the provisions of this act, permitted by section fifteen, upon 
complying with the conditions and receiving the permit provided 
for in said section. — S. L. '11, p. 241 

Note. Section 3 referred to is Section 51 herein. 

Note. Section 15 above referred to is section 63 herein. 

64. Penalties — first offense. Whoever, having under his 
control a child under the age of 16 years, permits such child to 
be employed in violation of the provisions of this act, shall for 
each offense be fined not less than five dollars nor more than 
twenty-five dollars, and shall stand committed until such fine and 
costs are paid. A failure to produce to the inspector of factories, 
his assistants or deputies, any age and school certificates or lists 
required by this act, shall constitute a violation of this act, and 
the person so failing shall, upon conviction, be fined not less than 
five dollars nor more than fifty dollars for each offense. Every 
person authorized to sign the certificate prescribed by section 7 
of this act, who certifies to any materially false statement therein, 
shall be guilty of a violation of this act, and upon conviction be 
fined not less than five dollars nor more than one hundred dollars 
for each offense, and shall stand committed until such fine and 
costs are paid. Any person, firm or corporation, agent or man- 
ager, superintendent or foreman of any firm or corporation, 
whether for himself or for such firm or corporation, or by himself 
or through sub-agents or foreman, superintendent or manager, 
who shall violate or fail to comply with any of the provisions of 
this act, or shall refuse admittance to premises, or otherwise 
obstruct the faetory inspector, assistant factory inspector or dep- 

36 



Children— Child Labor Law— Delinquent Children §§ 65-66 

uty factory inspector in the performance of their duties, as 
prescribed by this act, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than five dol- 
lars, nor more than one hundred dollars for each offense, and 
shall stand committed until such fine and costs are paid. 

It is the intention and purpose of this act to extend personal 
responsibility to the president and general manager of any corpo- 
ration for violation of this act by any foreman, superintendent or 
sub-manager or sub-agent. — S. L. '11, p. 243 

Note. Section 7 above referred to is section 55 herein. 

65. Penalties — second violation. Any person, agent, firm or 
corporation who shall be convicted of a second violation of any 
provision of this act, shall be fined in a sum not less than one 
hundred dollars, or more than five hundred dollars or be im- 
prisoned in the county jail for not to exceed ninety days or by 
both such fine and imprisonment, in the discretion of the court. — 
S. L. '11, p. 244 

DELINQUENT CHILDREN 

66. Definition of terms — application of act — evidence. This 
act shall apply only to children sixteen years of age or under, not 
inmates of a state institution, or any institution incorporated 
under the laws of the state for the care and correction of delin- 
quent children. The words "delinquent child" shall include any 
child sixteen years of age or under such age who violates any law 
of this state or any city or village ordinance; or who is incor- 
rigible, or who knowingly associates with thieves, vicious or im- 
moral persons, or who is growing up in idleness or crime, or who 
knowingly visits or enters a house of ill-repute, or who knowingly 
patronizes or visits any policy shop or place where any gaming 
device is, or shall be, operated; or who patronizes or visits any 
saloon or dram shop where intoxicating liquors are sold ; or who 
patronizes or visits any public pool room or bucket shop ; or who 
wanders about the streets in the night time without being on any 
lawful business or occupation; or who habitually wanders about 
any railroad yards or tracks, or jumps or hooks on to any moving 
train, or enters any car or engine without lawful authority; or 
who habitually uses vile, obscene, vulgar, profane or indecent 
language, or is guilty of immoral conduct in any public place or 
about any school house. Any child committing any of the acts 

37 



§§ 67-69 CHILDREN— PHYSICAL EXAMINATION 

herein mentioned shall be deemed a juvenile delinquent person, 
and shall be proceeded against as such in the manner hereinafter 
provided. A disposition of any child under this act, or any evi- 
dence given in such cause, shall not in any civil, criminal or other 
cause or proceeding whatever in any court be lawful or proper 
evidence against such child for any purpose whatever, excepting 
in subsequent cases against the same child under this act. The 
word " child" or "children" may mean one or more children, or 
the word "parent" or "parents" may mean one or both parents 
when consistent with the intent of this act. — R. S. 586 

67. Penalty. Any person who shall be convicted of violating 
any of the provisions of the preceding sections of this act, shall be 
fined not exceeding one hundred dollars, or be imprisoned in the 
county jail not exceeding three months, or both, in the discretion 
of the court ; and upon conviction for a second or any subsequent 
offense, shall be fined not exceeding two hundred dollars, or be 
imprisoned in the county jail not exceeding six months. — R. S. 
603. 

68. Delinquent girls under eighteen. From and after the 
passage of this act, any law of this state denning delinquency or 
concerning contributory delinquency shall, for the protection of 
girls, be held to include all girls under the age of eighteen years. 
— 8. L. '11, p. 298 

PHYSICAL EXAMINATION 

69. State superintendent prepare suitable test card. The 
state superintendent of public instruction shall prepare or cause 
to be prepared suitable test cards, blanks, record books, and other 
needful appliances and supplies to be used in testing the sight, 
hearing and breathing of pupils in the public schools, and the 
necessary instructions for their use ; and shall furnish the same 
free of expense to every public school in the state. The teacher 
or principal in every public school, or where there is no principal, 
the county superintendent, shall, during the first month of each 
school year, test the sight, hearing and breathing of all pupils 
under his charge, such examination to be made by observation, 
without using drugs or instruments, and without coming in con- 
tact with said child ; and keep a record of such examinations ac- 
cording to the instructions furnished and make a written report 

38 



CHILDREN— COMPULSORY EDUCATION §§ 70-71 

of such examinations to the state superintendent of public in- 
struction as he may require. — 8. L. '09, p. 490 

70. Teacher report defectiveness. Every teacher in the pub- 
lic schools shall report the mental, moral and physical defective- 
ness of any child under his supervision, as soon as such defective- 
ness is apparent, to the principal or, where there is no principal, 
to the county superintendent. Such principal or county superin- 
tendent shall promptly notify the parents or guardian of each 
child found to be defective, of the child's defectiveness, and shall 
recommend to such parents or guardian that such child be thor- 
oughly examined as soon as possible by a competent physician 
or surgeon with special reference to the eyes, ears, nose, throat, 
teeth and spine. If the parents or guardian of such child shall 
fail, neglect or refuse to have such examination made and treat- 
ment begun within a reasonable time after such notice has been 
given, the said principal or superintendent shall notify the state 
bureau of child and animal protection of the facts; Providing, 
however, That whenever it shall be made to appear to the said 
principal or superintendent, upon the written statement of the 
parent or guardian of said child, that such parent or guardian has 
not the necessary funds wherewith to pay the expenses of such 
examination and treatment, the said principal or superintendent 
shall cause such examination and treatment to be made by the 
county physician of the district wherein said child resides ; and it 
shall be the duty of such county physician to make such exam- 
ination and treatment, and if he be unable to properly treat such 
child he shall forthwith report such fact to the county commis- 
sioners of the county, with his recommendation. — 8. L. '09, p. 490 

71. Auditor draws warrant — biennial expense not to exceed 
one thousand dollars. The state auditor is hereby directed to 
draw his order for such sums and at such times as the state super- 
intendent of public instruction may require to carry out the pro- 
visions of this act. The total expenses under this act shall not 
exceed one thousand dollars in any biennial period ending Novem- 
ber 30.— S. L. '09, p. 491 



39 



§§ 72-73 COMPULSORY EDUCATION 



COMPULSORY EDUCATION 



72. Compulsory education. The general assembly may re- 
quire, by law, that every child of sufficient mental and physical 
ability, shall attend the public school, during the period between 
the ages of six and eighteen years, for a time equivalent to three 
years, unless educated by other means. — Sec. 11, Art. IX, Consti- 
tution. 

Note. See Kindergarten Act, § 257. 
Note. See "Children," §§ 48 et seq. 

73. Children sent to school — exception — appeal. That in all 
school districts of this state, all parents, guardians and other 
persons having care of children shall instruct them, or cause them 
to be instructed, in reading, writing, spelling, English grammar, 
geography and arithmetic. In such districts, every parent, 
guardian or other person having charge of any child between the 
ages of eight and sixteen years, shall send such child to a public, 
private or parochial school for the entire school year during which 
the public schools are in session in such districts ; Provided, how- 
ever, That this act shall not apply to children over fourteen years 
of age where such child shall have completed the eighth grade, 
or may be eligible to enter any high school in such district, or 
where its help is necessary for its own or its parent's support, or 
where for good cause shown it would be for the best interests of 
such child to be relieved from the provisions of this act; Pro- 
vided, further, That if such child is being sufficiently instructed 
at home by a person qualified, such child shall not be subject to 
the provisions of this act ; and Provided, further, That if a repu- 
table physician within the district shall certify in writing that the 
child's bodily or mental condition does not permit its attendance 
at school, such child shall be exempt during such period of dis- 
ability from the requirements of this act. It shall be the duty of 
the superintendent of the school district, if there be such super- 
intendent, and, if not, then the county superintendent of schools, 
to hear and determine all applications of children desiring for 

40 



COMPULSORY, EDUCATION §§ 74-75 

any of the causes mentioned herein to be exempted from the pro- 
visions of this act, and if upon such application such superin- 
tendent hearing the same shall be of the opinion that such child 
is for any reason entitled to be exempted as aforesaid, then such 
superintendent shall issue a written permit to such child, stating 
therein his reasons for such exemption. An appeal may be taken 
from the decision of such superintendent so passing upon such 
application to the county court of the county in which such dis- 
trict lies, upon such child making such application and filing the 
same with the clerk or judge of said court within ten days after 
its refusal by such superintendent, for which no fee to exceed the 
sum of one dollar shall be charged, and the decision of the county 
court shall be final. An application for release from the pro- 
visions of this act shall not be renewed oftener than once in three 
months. —B. S. 530 

74. Children under 14 years not employed — penalty for em- 
ploying". No child under the age of 14 years shall be employed 
by any person, persons, company or corporations during the 
school term and while the public schools are in session, unless the 
parent, guardian or person in charge of such child shall have fully 
complied with section one of this act. Every such employer shall 
require proof of such compliance, and shall make and keep a 
written record of the proof given, which shall be subject to the 
inspection of the truant officer, superintendent of schools, or any 
school director of the district. Any employer employing any 
child contrary to the provision of this section, shall be fined not 
less than twenty-five nor more than one hundred dollars. — 
R. 8. 531 

75. Minors between 14 and 16 must read and write — duty of 
employer — penalty. All minors over the age of 14 years and 
under the age of 16 years who cannot read and write the English 
language, shall attend school at least one-half day of each day, 
or attend a public night school, or take regular private instruc- 
tion from some person qualified, in the opinion of the county su- 
perintendent of schools, in which such district or the greater por- 
tion of the same lies, until such minor obtains a certificate from 
such superintendent that he or she can read at sight and write 
legibly, simple sentences in English. Every employer employing 
or having in employment any such minor shall exact as a condi- 
tion of employment the school attendance or instruction required 

41 



§§ 76-77 COMPULSORY EDUCATION 

by this section, and shall on request of the truant officer, furnish 
the evidence that such minor is complying with the requirements 
of this section. Every employer failing to comply with the re- 
quirements of this section as to any minor employed by him or in 
his employ, shall be fined not less than twenty-five dollars, and 
not more than one hundred dollars ; Provided, That any employer 
with the approval or consent of the county superintendent of 
schools may make provision for the private instruction of minors 
in his employ. — R. 8. 532 

76. Truant — who is — juvenile disorderly person. Every 
child within the provisions of this act who does not attend school, 
as provided in section one of this act, or who is in attendance at 
any public, private or parochial school, and is vicious, incorrigible 
or immoral in conduct, or who is an habitual truant from school, 
or who habitually wanders about the streets and public places 
during school hours without any lawful occupation or employ- 
ment, or who habitually wanders about the streets in the night 
time, having no employment or lawful occupation, shall be deemed 
a juvenile disorderly person, and be subject to the provisions of 
this act. — R. S. 533 

77. Truant officer — powers — duties — record. To aid in the 

enforcement of this act, the board of school directors in districts 
of the first and second class shall have power, and it shall be their 
duty, to appoint one or more truant officers whose compensation 
shall be fixed by the board appointing him. The truant officer 
shall be vested with police powers, and shall have authority to 
enter workshops, factories, stores and all other places where 
children may be employed, and in the way of investigation or 
otherwise, to enforce this act. The truant officer shall institute 
proceedings against any officer, parent, guardian, person or cor- 
poration who shall violate any of the provisions of this act, and 
shall otherwise discharge the provisions of this act, and perform 
such other services as the county superintendent of schools or 
the board of directors of the school district may deem necessary 
to preserve the morals and secure the good conduct of school 
children, and to enforce this act. The truant officer shall keep 
a record of his transactions for the inspection of the county super- 
intendent of schools and of the directors of the school district, 
and suitable blanks shall be provided for his use by the secretary 
of the school district.— R. S. 534 

42 



COMPULSORY EDUCATION §§ 78-79 

78. Truancy officer in third class districts. The board of 
school directors in school districts of the third class in this state 
shall appoint a truancy officer whose powers and duties shall be 
the same as those prescribed by law for truancy officers in school 
districts of the first and second class. His compensation shall be 
fixed by the board appointing him and may be by the day for the 
time actually consumed in the discharge of his duties as such of- 
ficer. A member of the school board may be appointed truancy 
officer.— £. L. '11, p. 250' 

79. Truant officer — duties — conviction of parent — penalty — 
bond — defense. The truant officer shall examine into any case of 
truancy within his district, and shall warn the parent, guardian, 
or others in charge of the child of the final consequences of 
truancy if persisted in. When any child between the ages of 
eight and fourteen years, or any child between the ages of four- 
teen and sixteen years, who can not read and write the English 
language, is not engaged in some regular employment, or any 
child between the age of fourteen years and sixteen years who has 
been discharged from employment to obtain instruction or school- 
ing, is not attending school without lawful excuse and in violation 
of the provisions of this act, the truant officer shall notify the 
parent, guardian, or other person in charge, of the fact, and re- 
quire such person to cause the child to attend some recognized 
school within five days from the date of the notice, and it shall 
be the duty of such person so to cause its attendance at some 
recognized school. Upon failure to do so, the truant officer shall 
make complaint in the county court of the county in which such 
child lives, against the parent, guardian or other person having 
such child in charge, and upon conviction, the parent, guardian 
or other person in charge, shall be fined not less than five dollars 
nor more than twenty dollars, or the court may, in its discretion, 
require the person so convicted to give a bond in the penal sum 
of $100, with sureties to the approval of the judge of such court, 
conditioned that he or she will cause the child under his or her 
care to attend some recognized school within five days thereafter, 
and to remain at school during the term prescribed at law. And 
upon the failure or refusal of the parent, guardian or other person 
to pay such fine or furnish such bond according to the order of 
the court, the said parent, guardian or other person shall be im- 
prisoned in the county jail not less than ten days nor more than 

43 



§§ 80-81 COMPULSORY EDUCATION 

thirty days. For violation of the bond, suit may be brought in 
any court of competent jurisdiction, in the name of the school dis- 
trict, and the amount recovered shall go to the school fund of the 
district. If the parent, guardian or other person shall prove his 
inability to cause the child to attend a recognized school, it shall 
be a defense, but the child shall be deemed a juvenile disorderly 
person within the meaning of section 4 of this act. — R. S. 535 
Note. Section 4 above referred to is section 76 herein. 

80. Juvenile disorderly person — commitment — term — ex- 
pense. Whenever a child shall be a juvenile disorderly person 
within the meaning of this act, the truant officer, or any school 
teacher, or other reputable person, may make complaint in the 
county court of the county in which such child resides. The 
county court shall hear and determine such complaint, and if it is 
determined that such child is a juvenile disorderly person within 
the meaning of this act, he or she shall be committed to a chil- 
dren's home, if eligible, or to the boys' industrial school or to 
the girls' industrial school, or to some other training school, tak- 
ing into account the years of the child with reference to the insti- 
tution selected. Any child committed to a children's home, on 
its being shown to the judge of said court that it is incorrigible 
and vicious, may be transferred to the industrial school or other 
proper institution. No child committed to any reformatory shall 
be detained beyond its majority, and may be discharged sooner 
or paroled by the trustees or board of control under rules and 
restrictions applicable to other inmates. Any order of commit- 
ment may be suspended by the judge of the county court during 
such time as the child may regularly attend school and properly 
conduct itself. The expense of the transportation of the child to 
the juvenile reformatory, and of the costs of the case in which 
the order of commitment is made, shall be paid by the county 
from which the child is committed. — R. S. 536 

81. Child unable to attend school — relief. When any truant 
officer is satisfied that any child within the requirements of this 
act is unable to attend school because required to work at home 
or elsewhere in order to support itself or help or support others 
leerally entitled to its services, the truant officer shall report the 
case to the authorities charged with the relief of the poor, who 
shall thereupon afford such relief as will enable the child to 

44 



COMPULSORY EDUCATION! §§ 82-84 

attend school ; Provided, That such child shall not be required to 
attend more than three hours a day during school days. In case 
the child or its parents or guardians neglect or refuse to take 
advantage of such provision made for its instruction, such child 
may be committed to a children's home or juvenile reformatory, 
as hereinbefore provided. — R. 8. 537 

•82. Violation — penalty. Any person who violates any pro- 
vision of this act for which a penalty is not herein provided, shall 
be fined not more than fifty dollars. — R. 8. 538 

83. Second conviction — penalty — trial by jury. Every per- 
son who, after having been convicted once of violating any of the 
provisions of this act shall be convicted a second time of a similar 
offense, may, in addition to the punishment by way of fine else- 
where provided for, be imprisoned not less than 10' days nor 
more than 30 days ; Provided, That in all cases arising under this 
act in which a fine or imprisonment may be a part of the judg- 
ment, trial shall be by jury if not waived. — R. 8. 539 

84. Not apply to districts without accommodations. This 
shall not apply to school districts in which there are not sufficient 
accommodations in the public schools to seat children compelled 
to attend under the provisions of this act. — R. 8. 540 



45 



§§ 85-88 



COUNTY SUPERINTENDENT 



85. County superintendent — commissioner of lands. T*here 
shall be a county superintendent of schools in each county, whose 
term of office shall be two years, and whose duties, qualifications 
and compensation shall be prescribed by law. He shall be ex- 
officio commissioner of lauds within his county, and shall dis- 
charge the duties of said office under the direction of the state 
board of land commissioners, as directed by law. — Sec. 6, Art. IX, 
Constitution. 

86. County superintendent, etc. — election. There shall be 
elected in each county at the same time at which members of the 
general assembly are elected, commencing in the year nineteen 
hundred and four, one county clerk, who shall be ex officio re- 
corder of deeds and clerk of the board of county commissioners ; 
one sheriff; one coroner; one treasurer, who shall be collector of 
taxes; one county superintendent of schools; one county sur- 
veyor ; one county assessor ; and one county attorney, who may be 
elected, or appointed, as shall be provided by law; and such of- 
ficers shall be paid such salary or compensation, either from the 
fees, perquisites and emoluments of their respective offices, or 
from the general county fund, as may be provided by law. The 
term of office of all such officials that expire in January, 1904, is 
hereby extended to the second Tuesday in January, A. D. 1905. — 
Sec. 8, Art. 14, Constitution 

87. Vacancies — how filled. In case of a vacancy occurring in 
the office of county commissioner, the governor shall fill the same 
by appointment ; and in the case of a vacancy in any other county 
office, or in any precinct office, the board of county commissioners 
shall fill the same by appointment ; and the person appointed shall 
hold the office until the next general election, or until the vacancy 
be filled by election according to law.— Sec. 9, Art. 14, Constitu- 
tion 

88. Elector only eligible. No person shall be eligible to any 
county office unless he be a qualified elector; nor unless he shall 

46 



COUNTY SUPERINTENDENT §§ 89-92 

have resided in the county one year preceding his election.— Sec. 
i 10, Art. 14, Constitution 

89. Classifying counties as to fees. For the purpose of pro- 
viding for and regulating the compensation of county and pre- 
cinct officers the general assembly shall by law classify the several 
counties of the state according to population, and shall grade and 
fix the compensation of the officers within the respective classes 
according to the population thereof. Such law shall establish 
scales of fees to be charged and collected by such of the county 
and precinct officers as may be designated therein for services to 
be performed by them respectively; and where salaries are pro- 
vided, the same shall be payable only out of the fees actually 
collected in all cases where fees are prescribed. All fees, per- 
quisites and emoluments above the amount of such salaries shall 
be paid into the county treasury. — Sec. 15, Art. XIV, Constitution 

90. Election — oath — bond — term of office. There shall be 
elected in each county, at the general election in the year one 
thousand eight hundred and seventy-seven, and biennially there- 
after, a county superintendent of public schools, who shall take 
office on the second Tuesday of January next succeeding that in 
which such election shall be held. He shall hold his office for two 
years, and until his successor shall be elected and qualified.- 
Before entering upon the duties of his office, he shall take the 
oath prescribed by the constitution, and execute a bond payable 
to the people of the state of Colorado, with two or more sureties, 
to be approved by the board of county commissioners, in penalty 
of not less than two thousand dollars, to be increased at the 
discretion of said board, conditioned upon the faithful perform- 
ance of the duties of his office and the delivery of all moneys and 
property as such superintendent to his successors, which bond 
shall be filed in the office of the county clerk. — R. 8. 5877 

91. Act till successor qualified. When the term of any 
sheriff, * * * or other county officers shall expire, as now 
provided by law, it shall be lawful for such officer, whether re- 
elected or not, and his deputies, to continue to perform all the 
duties of such office until his successor shall be duly qualified as 
required by law. — R. S. 1355 

92. Failure to qualify — vacancy — appointment. Should the 
superintendent-elect fail to qualify as aforesaid, or should there 

47 



§§ 93-94 COUNTY SUPERINTENDENT 

occur a vacancy in said office, the board of county commissioners 
shall at their next meeting after such vacancy or failure to 
qualify occurs, appoint an eligible and suitable person, who shall 
qualify within ten days after his appointment, and who shall 
continue in offi'ce until the next general election thereafter. Should 
such appointee fail to qualify, as aforesaid, another appointment 
shall be made in the same manner, until the vacancy shall be filled 
by appointment or election. — R. S. 5878 

93. When office becomes vacant. Every county office shall 
become vacant on the happening of either of the following events 
before the expiration of the term of office: 

First — The death of the incumbent. 

Second — His resignation. 

Third — His removal. 

Fourth — His ceasing to be an inhabitant of the county for 
which he was elected or appointed. 

Fifth — His conviction of any infamous crime, or any offense 
involving a violation of his official oath. 

Sixth — His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit such oath and bond 
within the time prescribed by law. 

Seventh — The decision of a competent tribunal, declaring 
void his election or appointment. — R. S. 1359 

94. Classification of counties to regulate salaries. For the 

purpose of regulating the amount of compensation of county 
superintendents of schools, the counties of the state are divided 
into seven classes as follows: 

The City and County of Denver, El Paso and Las Animas 
Counties shall be the first class ; Pueblo, Weld, Boulder, Fremont 
and Teller Counties shall be the second class; Conejos, Delta, 
Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and 
Otero Counties shall be the third class; Chaffee, Clear Creek, 
Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio 
Grande, Pitkin, Park, Prowers and Saguache Counties shall be the 
fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Monte- 
zuma, Morgan, Routt, San Miguel and Yuma Counties shall be the 
fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Min- 
eral, Phillips, Rio Blanco, San Juan, Sedgwick, Summit and 

48 



COUNTY SUPERINTENDENT § 94 

Washington shall be the sixth class; Dolores and Hinsdale shall 
be the seventh class. County superintendents of schools shall re- 
ceive the following compensation, to be paid quarterly out of the 
county treasury, to-wit: In counties of the first class, an annual 
salary of twenty-eight hundred dollars ; in counties of the second 
class, an annual salary of two thousand dollars ; in counties of the 
third class, an annual salary of twelve hundred dollars ; in coun- 
ties of the fourth class, an annual salary of eleven hundred dol- 
lars ; in counties of the fifth class, an annual salary of eight hun- 
dred dollars; in counties of the sixth class, an annual salary 
of five hundred dollars ; in counties of the seventh class, an annual 
salary of one hundred dollars ; in all but first and second class 
counties, boards of county commissioners may allow mileage not 
to exceed ten cents per mile for distance necessarily and actually 
traveled in the performance of duty, not to exceed an aggregate 
of three hundred dollars per annum in any county.— R. S. 2575 

Note. Counties of Jackson, Crowley and Moffat are in the fifth class 
for compensation of county superintendent. S. L. '09, p. 436; S. L. '11, 
pp. 281, 520. 

For the purpose of regulating the compensation of the Coun- 
ty Superintendents of Schools, the counties of the State are 
divided into seven classes as follows : 

First class: El Paso, Las Animas, Pueblo and Weld; second 
class : Boulder, Fremont, Garfield, Larimer and Mesa ; third class : 
Adams, Chaffee, Delta, Gunnison, Huerfano, Logan, Montrose, 
Morgan, Otero, Prowers and Routt ; fourth class : Alamosa, Arapa- 
hoe, Cheyenne, Conejos, Costilla, Crowley, Douglas, Eagle, Elbert, 
Kit Carson, Washington, Yuma, Gilpin, Jefferson, Phillips, Ouray, 
Lake, Lincoln, Teller, Rio Grande, Park, Pitkin, Rio Blanco, 
Saguache and San Miguel; fifth class: Archuleta, Clear Creek, 
Baca, Custer, City and County of Denver, Grand, Jackson, Kiowa, 
La Plata, Moffat, Montezuma, Sedgwick and Summit ; sixth class : 
Mineral and San Juan ; seventh class : Dolores and Hinsdale. 

Salaries — First class, $2,800; second class, $2,000; third class, 
$1,500; fourth class, $1,100; fifth class, $900; sixth class, $500; 
seventh class, $100. 

The Board of County Commissioners shall also allow to the 
County Superintendent mileage not to exceed ten cents per mile 
for the distance necessarily and actually traveled in the perform- 

49 



§ 94 COUNTY SUPERINTENDENT 

ance of duty, not to exceed an aggregate of two hundred dollars 
per annum. — S. L. '15, p. 242 

Note. Bent county omitted by mistake. 

For the purpose of regulating the amount of compensation 
for County Superintendents of Schools, the counties of the state 
are divided into seven classes, as follows : 

First class shall consist of the counties of Boulder, El Paso, 
Larimer, Las Animas, Pueblo and Weld. 

Second class shall consist of the counties of Fremont, Gar- 
field, Mesa and Otero. 

Third class shall consist of the counties of Adams, Chaffee, 
Crowley, Delta, Gunnison, Huerfano, Jefferson, Logan, Montrose, 
Morgan, Prowers and Routt. 

The fourth class shall consist of the counties of Alamosa, 
Arapahoe, Baca, Bent, Cheyenne, Clear Creek, Conejos, Costilla, 
Douglas, Eagle, Elbert, Gilpin, Kiowa, Kit Carson, Lake, La 
Plata, Lincoln, Ouray, Park, Phillips, Pitkin, Rio Blanco, Rio 
Grande, San Miguel, Saguache, Teller, Washington and Yuma. 

The fifth class shall consist of the counties of Archuleta, Cus- 
ter, the City and County of Denver, Grand, Jackson, Moffat, 
Montezuma, Sedgwick and Summit. 

The sixth class shall consist of the counties of Mineral and 
San Juan. 

The seventh class shall consist of the counties of Dolores and 
Hinsdale. 

The County Superintendents of Schools shall receive an an- 
nual salary, payable monthly out of the county treasury, as fol- 
lows : In counties of the first class, an annual salary of two 
thousand eight hundred dollars, ($2,800) ; in counties of the sec- 
ond class, two thousand dollars ($2,000;) in counties of the third 
class, one thousand five hundred dollars ($1,500) ; in counties of 
the fourth class, one thousand one hundred dollars ($1,100) ; in 
counties of the fifth class, nine hundred dollars ($900) ; in coun- 
ties of the sixth class, five hundred dollars ($500) ; in counties of 
the seventh class, one hundred dollars ($100). 

The Board of County Commissioners shall also allow the 
County Superintendent mileage not to exceed ten cents per mile 
for the distance necessarily and actually traveled in the perform- 

50 



COUNTY SUPERINTENDENT §§ 95-97 

ance of duty, not to exceed an aggregate of two hundred dollars 
($200) per annum in counties of the first and second classes, and 
three hundred dollars ($300) per annum in all other classes. — 
8. L. '17, p, 223 

Note. Will be a law June 16, 1917, but cannot affect salaries or mile- 
age of present incumbents. 

95. Expenses of county superintendents — office hours. The 

commissioners shall provide him with a suitable office at the 
county seat, and all necessary blank books, stationery, postage, 
expressage and other expenses of his office, not otherwise pro- 
vided for, which last mentioned expenses shall be paid -for from 
the county fund. He shall keep his office open for the transaction 
of official business such days each week as the duties of the office 
may require. — B. 8. 5886 

96. Deputy — how paid. If for any cause the superintendent 
is unable to attend to the duties of his office, he may appoint a 
deputy, who shall take the usual oath or affirmation of office, and 
who may exercise all the functions of county superintendent, but 
such deputy shall draw no salary from the public fund ; Provided, 
That the superintendent may receive a per diem for the services 
of such deputy.— R. 8. 5879 

97. Deputies and assistants of county superintendent — com- 
pensation. Deputies and assistants may be employed by the sher- 
iffs, county clerks, county treasurer, county assessors, and county 
superintendents of schools; Provided, That the salaries in all 
fourth and fifth class counties shall be paid out of the fees and 
emoluments of the office and not otherwise under the direction of 
the board of county commissioners of said counties, respectively, 
and the clerk of the district court and the deputy clerks and as- 
sistants of the district courts under the direction of the judge 
or judges of such courts, and shall be paid salaries out of the gen- 
eral fund of their respective counties, the compensation and time 
of service to be fixed by the board of county commissioners, the 
selection of said deputies and assistants to be made by the officer 
authorized to employ them ; Provided, That the compensation and 
time of service of the deputy clerks and assistants of the district 
courts shall be fixed by the judge or judges thereof; and all 
deputies of the sheriff in every county of the fourth class "B" 
shall not receive any compensation over and above an amount 

51 



§§ 98-101 COUNTY SUPERINTENDENT 

which remains after the amount of the salary of the sheriff 
which is paid from the general fund, has been subtracted from the 
amount of the fees collected by the office of the sheriff ; Provided, 
That the provisions of this section relating to county superintend- 
ents of schools shall apply only in counties of the first class. — 
flf. L. '17, p. 225 

Note. Operative July 14, 1917. 

98. County superintendent's annual report. On the first 
Tuesday of September in each year, the county superintendent 
shall make a report to the superintendent of public instruction 
for the school year ending June 30 next preceding, which report 
shall contain an abstract of the reports made to him by district 
secretaries, and such other matters as the superintendent of public 
instruction may direct, and shall be in such form and upon such 
blanks as the superintendent of public instruction shall furnish. 
The county superintendent shall retain a copy of all such reports 
and file the same in his office. — B. 8. 5880 

99. Penalty for failure to report. If the county superin- 
tendent fails to make a full and correct report to the superin- 
tendent of public instruction, as provided by law, and shall, after 
written request or notice from the superintendent of public in- 
struction, or from the board of county commissioners, delay more 
than ten days after the service of such notice to make such report, 
he shall forfeit the sum of one hundred dollars, which sum the 
board of county commissioners may deduct from any money due 
him; said forfeit may, however, be recovered by suit, upon his 
official bond.— J?. 8. 5882 

100. Administer oaths. The county superintendent shall have 
power, and is hereby authorized, to administer oaths and affirma- 
tions to school directors, teachers and all other persons in official 
matters relating to schools ; but shall receive no fee for so doing. 
—B. 8. 5883 

101. Duties of county superintendents. It shall be the duty 
of the county superintendent to exercise a careful supervision 
over the schools of his county, to visit each school at least once 
during each quarter it is in session, to see that all the provisions 
of this act are observed and followed by teachers and school 
officers; to examine the accounts of the district officers to see if 
such accounts are properly kept, and all district funds properly 

52 



COUNTY SUPERINTENDENT §§ 102-104 

accounted for; to keep, in a good and substantial bound book, a 
record of his official acts, and of other matters required by law 
to be recorded ; to obey the legal instructions and decisions of the 
superintendent of public instruction. He shall also keep a record 
of the registers, record books and order books furnished to the 
several districts of his county; and it shall be his duty to hold 
county teachers' associations whenever, in his judgment, the 
interests of the school work demand it ; the records of the county 
superintendent's office shall be open to the inspection of any 
citizen of the county, and within one week from the close of each 
school year he shallpublish in some newspaper published in the 
county, if there be such a paper, a statement of the apportionment 
of school funds for the year preceding. — B. S. 5881 

Note. See section 165, "Examinations." 

Note. See section 48, "Certificates." 

102u Appoint directors. The county superintendent shall ap- 
point directors for any district which fails to elect, as provided 
in section 44, and shall fill vacancies that may occur in any board 
of directors by reason of death, removal from office or from the 
district, resignation or otherwise, except in the boards of directors 
of districts of the first class, and the officers so appointed shall 
hold office only until the ensuing regular election. — B. S. 5884 
Note. Section 44 above referred to is section 153 herein. 

103. Boundaries of school districts — record — prepare maps. 

It shall be the duty of the county superintendent to ascertain the 
boundaries of each school district in his county, and to make and 
keep a record of the same in a suitable bound book, which record 
shall show definitely the boundaries of each district. In case the 
boundaries are found to be conflicting or incorrectly described, 
he shall harmonize the same and make a report of such action to 
the board of school directors whose districts are affected thereby. 
District officers shall have access to such records for the purpose 
of examination, making copies, or for other legitimate purposes. 
The county superintendent shall prepare, or have prepared, a map 
of the county, showing the correct boundaries of the districts. — ■ 
B. S. 5885 

104. County superintendent compare census list — ascertain 
number of blind and deaf mutes. The census list of the several 
districts shall be carefully examined and compared by the county 

53 



§§ 105-106 COUNTY SUPERINTENDENT 

superintendent, and if the name of the same person be found 
upon more than one list he shall strike said name from all lists 
except that of the district in which such person was residing in 
good faith on the 10th day of April (February) aforesaid. The 
residence of an unmarried person of school age shall, in all cases, 
be held to be identical with the bona fide residence of the parent 
or guardian of such person ; Provided, That such parent or guard- 
ian be a resident of the state. If the county superintendent find 
upon any census list the names of any persons who he believes 
were not residents in good faith of such district, as aforesaid, he 
shall notify the secretary certifying the list, and if said secretary 
shall not establish the correctness of the list within fifteen days 
after such notification, such names shall be stricken from the list. 
At the time of taking the annual census, the secretary shall use 
reasonable diligence to ascertain the number of blind and deaf 
mute persons resident in the district, between the ages of four 
and twenty-two years, with the name and postoffice address of 
each. Said items shall be embodied in his annuel report to the 
county superintendent/ — R. S. 5939 

Note. Time of taking census changed to February by section 125 
herein. 

Note. County superintendents report on June 1 in each year to 
superintendent of schools for deaf and blind the names of persons in 
their counties entitled to admission to such school. 

Note. Census defined, section 285. 

i 

105. Apportionment of county school fund. The coutny 
superintendent shall apportion the general school fund of the 
county among the several school districts in accordance with the 
provisions of sections seventy-two and seventy-three of this 
chapter, quarterly, to-wit: On the first Monday in January, 
April, July and October, in each year, and he may apportion the 
same at other times if there be sufficient money in the treasury 
to require it. He shall certify each apportionment promptly to 
the county treasurer, and shall also notify the secretary of each 
district of the amount placed to the credit of his district. — R. S. 
5888 

Note. Sections 72 and 73 referred to are Sections 106 and 107 herein. 

106. Apportionment of school fund — basis. In apportioning 
the general fund, as directed in section nineteen of this chapter, 
the county superintendent shall base the July apportionment, in 

54 



COUNTY SUPERINTENDENT § 107 

each year, on the census lists and reports of the secretaries of the 
several districts for the school year next preceding, and he shall 
base all apportionments on said lists and reports for a period of 
one year, except in the case of the apportionment to new districts, 
as provided in section thirty-two of this chapter. — B. 8. 5889 

Note. Sections 19 and 32 above referred to are sections 105 and 151 
herein. 

107. Apportionment according- to number of school age. The 

county superintendent shall apportion the funds aforesaid among 
the districts entitled to the same, according to the number of per- 
sons of school age, as shown by the census lists and reports of the 
several districts for the school year immediately preceding, as 
provided in section seventy-two. — B. S. 5890 

Note. Section 72 above referred to is section 106 herein. 



55 



§§ 10S-110 



COUNTY TREASURER 



108. Oounty treasurer collect and disburse — warrants. Each 
county treasurer shall collect all school funds belonging to his 
county, and the several school districts therein, and disburse the 
same to the proper districts upon warrants drawn by the county 
superintendent or by the proper district authorities, as may be 
provided by law. — Sec. 4, Art. 9, Constitution 

109. Duties of county treasurer. It is hereby made the duty 
of the county treasurer in each county, to keep a separate account 
with each school district in his county, to place to the credit of 
each the amount of money as certified to by the county superin- 
tendent, as provided in section nineteen, and to pay over the 
money so collected, upon the presentation of the legally-drawn 
warrants or orders of the district officers entitled to draw the 
same ; Provided, That if the county superintendent shall notify 
the county treasurer, in writing, that there has been a failure on 
the part of any board of directors to comply with the law, and 
that said money should be withheld from said board of directors, 
he shall retain the same until further notice from the county 
superintendent; on or before the 5th day of July in each year, 
he shall render, to the county superintendent of schools, a state- 
ment of the receipts and disbursements on account of the several 
districts, of all the school funds which have passed through his 
hands during the school year next preceding, and at the same 
time he shall render to each district secretary a statement of 
receipts and disbursements of such district. All money which 
shall become forfeited by any district shall be put into the general 
school fund, and be re-apportioned as other moneys. — B. S. 5900 

Note. Fees for collecting taxes, section 118 herein. 

Note. Report fines collected, section 167 herein. 

Note. Section 19 above referred to is section 105 herein. 

Note. Section 201 provides for payment of fines into proper fund. 

110. Pay money into state treasury — proviso. Every county 
treasurer shall pay into the state treasury on or before the tenth 

56 



COUNTY TREASURER §§ 111-112 

of each month all money due the state remaining in his hands on 
the first day of that month. Provided, however, That in any county 
in which there is a school district having a school population of 
more than 30,000, such county treasurer shall pay to the treasurer 
of such school district, on or before the tenth of each month all 
money due such district remaining in the hands of such county 
treasurer on the first day of such month. — 8. L. '17, p. 435 
Note. Operative July 10, 1917. 

111. County treasurer certify moneys to county superin- 
tendent — pay over — failure — penalty. The county treasurer shall, 
on or before the first day of January, April, July and October, 
of each year, certify the amount of said tax which shall- have been 
collected, and the amount of any other county school money, then 
in the county treasury, to the county superintendent, and shall 
render him a statement of the amount uncollected. The amount 
unpaid shall be collected at any subsequent time, as delinquent 
taxes are collected, and shall be certified to the county superin- 
tendent, as aforesaid. Should the treasurer fail at any time 
to pay over the tax, as herein provided, he shall forfeit the sum 
of one hundred dollars, and double damages, to be collected on 
his official bond; suit to be brought by the county superintendent, 
for the benefit of his county [school fund]. — B. S. 5899 

Note. County treasurer pay school warrants or orders, sections 107, 
109, 112. 

112. Treasurer keeps separate accounts — warrants, It shall 
be the duty of the county treasurer to open and keep separate 
accounts with each school district in his county, and hold the 
funds of each district, subject to the legal warrants of the pres- 
ident, as provided by section 53 of this chapter. If the legal 
warrant of any school district in his county be presented to the 
county treasurer when there are no funds in his hands to the 
credit of the district fund against which the warrant is drawn, 
he shall endorse such warrant "No funds," and said warrant 
shall draw interest from the date of such endorsement at the 
same rate as county warrants in like condition. The treasurer 
shall keep a list of all warrants so endorsed, and shall pay them 
whenever there is sufficient money to the credit of the proper fund 
in the order of such endorsement. The interest on such warrants 
shall stop when the treasurer shall give notice that he has funds to 
pay the same; Provided, It shall not be lawful for the officers of 

57 



§§ 113-116 COUNTY TREASURER 

any district to issue warrants at any time in an amount in excess 
of the tax levy for the current year. — R. S. 5901 

Note. Duties of county treasurer, in matters of school funds, section 
108. 

Note. See following section as to time of payment. 

Note. Section 53 above referred to is section 124 herein. 

113. County treasurer cancel all paid school orders. That it 
shall be the duty of county treasurers to cancel all paid school 
orders, with a proper cancelling stamp, showing the date of pay- 
ment.— #. 8. 5902 

114. County treasurer render quarterly statement to school 
board. That it shall be the duty of county treasurers to render to 
the secretary of each board of school directors, quarterly, an item- 
ized statement of account of their respective district, showing : 

(a) The numbers and amounts of all orders paid and charged 
against the accounts of the respective districts; 

(b) The amounts of money received and credited to the ac- 
counts of the respective districts ; 

(c) The balance due said district at the end of each quarter. 
— R. 8. 5903 

115. Pay school orders as registered. It shall be the duty 
of the county treasurer of each county in this state, when there 
are sufficient funds to the credit of any school district, or to the 
credit of any school fund of any such district, to pay in full the 
principal and interest of any orders which may be on such fund, 
in the order of their registration, and if at any time there shall 
be $200 in the hands of such treasurer, to the credit of any such 
fund, it shall be his duty to cause to be published in some news- 
paper published at the county seat of such county, for twenty 
days, a notice that certain school orders (describing same by 
numbers and amounts) will be paid upon presentation, and at the 
expiration of said twenty days' advertisement such orders shall 
cease to bear interest. — R. 8. 1326 

116. County treasurer furnish blanks to district board. 

That the said county treasurers shall enclose with each quarterly 
statement, a proper blank upon which the secretary of each re- 
spective board of directors may report to their county treasurer 
that said canceled orders and statements have been received and 
found correct.— R. S. 5904 

58 



COUNTY TREASURER §§ 117-118 

117. Failure to publish call — penalty. Whenever the treas- 
urer of the state or any county, city, town or school district shall 
have in his hands any moneys applicable to the payment of any 
state, city, town, county or school district warrant, and shall fail 
or neglect for thirty days to publish a call as provided by law 
for the presentation and payment of warrants, he -shall be deemed 
guilty of a misdemeanor and, upon conviction, shall be liable to a 
fine not less than ten nor more than three hundred dollars. — 
R. S. 1826 

118. Treasurer's fees — school taxes. The county treasurer 
shall charge and receive the following fees and commis- 

Upon all school taxes in counties of the first class, one per 
cent. ; in counties of the second class, one per cent. ; in counties of 
every other class, one per cent, on school taxes, and two per 
cent, on town and city taxes. * * * — n $. 2537 



5!) 



§§ 119-120 



DIRECTORS 



119. School districts — board of education. The general as- 
sembly shall, by law, provide for organization of school districts 
of convenient size, in each of which shall be established a board 
of education, to consist of three or more directors, to be elected 
by the qualified electors of the district. Said directors shall have 
control of instruction in the public schools of their respective 
districts.— Sec. 15, Art. 9, Constitution 

120. Directors — classification of districts — election. There 
shall be elected in each school district, in the manner prescribed 
by statute, a board of directors. The number of members that 
shall constitute such board of directors shall be determined as 
follows : 

The school districts shall be classified into first (1st), second 
(2nd) and third (3rd) classes. Districts containing a school pop- 
ulation of one thousand or more shall be denominated districts 
of the first (1st) class; districts containing a school population 
of less than one thousand (1,000) and more than three hundred 
and fifty (350) shall be denominated districts of the second class; 
and districts containing a school population of three hundred and 
fifty (350) or less shall be denominated districts of the third 
(3rd) class. 

At the regular election in 1913, as provided by statute, and 
every six (6) years thereafter, there shall be elected by ballot 
in all districts of the first (1st) class, two (2) directors; and at 
the regular election in 1915, and every six (6) years thereafter, 
two directors; at the regular election in 1917, and every six (6) 
years thereafter, one (1) director; provided, that in school dis- 
tricts of the first (1st) class having a school population of twenty 
thousand (20,000) and over, at the regular election in 1917, as 
provided by statute, and every six (6) years thereafter, there 
shall be elected by ballot in all said districts of the first (1st) 
class having a school population of twenty thousand (20,000') or 
over, three (3) directors; and at the regular election in 1919, and 
every six (6) years thereafter, two (2) directors; at the regular 

60 



DI&ECTOKS § 121 

election in 1921, and every six (6) years thereafter, two (2) 
directors. The term of office of all directors in all school dis- 
tricts of the first class shall be six (6) years and until their re- 
spective successors shall have been elected and qualified. ' 

Boards of directors and boards of education of districts of 
the first class shall, at the first meeting after such election, elect 
a president, a secretary, and a treasurer, each of whom shall hold 
office for the term of two years, and until their respective suc- 
cessors are elected and qualified; provided, that in districts of 
the first class the president shall be a member of the board. The 
secretary and treasurer may or may not be members of the board. 

In districts of the second and third class the board shall 
consist of three directors, a president, a secretary, and a treas- 
urer, one of whom shall be elected annually for a term of 
three years on the first Monday in May, and notice for such 
election, when posted, shall specify the name of the office to be 
filled and the length of term; provided, that at all such school 
elections held after the passage of this act, the length of term 
shall be so specified that the term of the president shall expire 
in 1911t and every three years thereafter; that of the treasurer 
shall expire in 1915 and every three years thereafter ; and that of 
the secretary shall expire in 1916 and every three years there- 
after. 

In districts of the first (1st) class and second (2nd) class 
the boards, after organization, shall exercise all the power given 
to the electors of school districts of the third (3rd) class, as 
specified in Section 5955 of the Kevised Statutes of the State of 
Colorado of 1908.— #. L. '17, p. 436 - 

Note. Operative February 26, 1917. 

Note. Section 5955 above referred to is section 164 herein. 

Note. "No person except a qualified elector shall be elected to any 
civil or military office in the state." — Section 160 herein. 

121. Directors qualify within twenty days — vacancies — 
treasurer's bond and report — oath of office. The directors shall 
each, within twenty days after his or her election, appear before 
some officer authorized to administer oaths, and take oath that 
he or she will faithfully perform the duties of his or her office 
required by law, which oath shall be filed with the county super- 
intendent; and, in case of failure so to qualify, his or her office 

61 



§§ 122-124 DIRECTORS 

shall be deemed vacant, and the county superintendent shall ap- 
point a suitable person, who shall qualify immediately. If the 
amount of money liable to come into the hands of the treasurer, 
in the discharge of his official duties, exceed twenty dollars at 
any one time, he shall be required to give bond in double the 
amount of money liable to come into his hands, said bond to be 
approved by, and filed with, the county superintendent. The 
directors-elect shall take office immediately after qualifying, as 
aforesaid ; Provided, That any district treasurer, who shall refuse 
to give bond as above, when required to do so by the other mem- 
bers of the board, shall be disqualified from receiving any money 
on district account until a satisfactory bond is executed. The 
oath of office required in this section may be administered by a 
president of a school board; and it is hereby made the duty of 
the district treasurer of all first class districts to publish, semi- 
annually, in some newspaper published within the county wherein 
such district may be located, a complete and full report of all 
receipts and expenditures of the said district's funds. — R. 8. 5922 

122. Regular meetings of board — special — adjourned. The 

regular meeting of each board shall be held on the last Saturday 
of March, June, September and December. The board may, how- 
ever, hold such other regular, special or adjourned meetings as 
they may from time to time determine, or as may be specified in 
their by-laws.— R. 8. 5923 

123. Special meetings in districts of third class. In any dis- 
trict of the third class, the board of directors may at any time 
call a special meeting of the electors of such district, for any of 
the purposes specified in section sixty-two of this act, and it shall 
be their duty to call such meeting if petitioned so to do by ten 
legal voters of the district. Notices, specifying the time, place 
and object of such meeting, shall be posted in three public places, 
one of which shall be at the place of meeting, at least twenty 
days prior to the time of holding such meeting. — R. S. 5954 

Note. Classes of districts — election of directors, section 120. 
Note. Section 62 above referred to is section 164 herein. 

124. President sign orders — appear in suits — absence — va- 
cancies. The president, when present, shall preside at all meet- 
ings of the board and of the district; shall sign all orders on the 

62 



DIRECTORS § 125 

county treasurer for the payment of money; Provided, That, ex- 
cept in districts having a school population of more than thirty 
thousand, no orders shall be drawn on the county treasurer, ex- 
cept in favor of parties to whom the district has become lawfully 
indebted. In districts having a school population of more than 
thirty thousand, such funds shall be held and distributed by the 
district treasurer to persons to whom the district shall have be- 
come lawfully indebted in accordance with the orders of the 
board. The president shall appear in behalf of the district in all 
suits brought by or against the same, but when he is individually 
interested, this duty shall be performed by the secretary. In the 
absence of the president, in districts of the second and third 
classes, the secretary shall preside at board and district meetings. 
In districts of the first class, the board may elect one of their 
members vice president. In case of the absence, refusal or in- 
ability of the president to perform any of his duties, the vice 
president shall have all the powers and perform all the duties of 
the president. Absence from the district of any school officer, 
when prolonged beyond thirty consecutive days, may be held 
to work a vacancy in said office, which may be filled according 
to l&w.—S. L. '17, p. 444 

125. Duties of secretary — bond. Before entering upon the 
duties of his office, the secretary shall execute a bond, with two 
securities, in the penal sum of five hundred dollars in districts 
of the first and second classes, and the penal sum of one hundred 
dollars in districts of the third class, conditioned upon the faith- 
ful discharge of his official duties and the delivery of all district 
property pertaining to his office over to his successor, within 
ten days after a demand is made for the same by a qualified 
successor, said bond to be approved by and filed with the county 
superintendent. The secretary shall record all proceedings of the 
board and of district meetings in a book, or books, kept for that 
purpose ; shall preserve copies of all reports made to the state or 
county superintendent; shall file all papers transmitted to him 
by other school officers pertaining to the business of the district ; 
shall draw and countersign all warrants or orders issued by the 
board ; shall keep a register or stub of all orders drawn, showing 
the number of the order, date, amount, in whose favor and for 
what purpose drawn. Immediately after the election of one or 

63 



§ 126 DIRECTORS 

more directors according to law, he shall transmit to the county 
superintendent a statement giving the name and post office ad- 
dress of the president, secretary and treasurer, respectively, of 
the boards of directors. Between the tenth day of February 
and the first day of March, in each year, the secretary, or some 
person, authorized by him, shall take a census of all persons over 
six years and under twenty-one years of age who were bona fide 
residents of the district on the tenth day of February aforesaid. 
The names so listed shall be arranged alphabetically, and be so 
classified as to distinguish between male and female. The census 
list shall be sworn to as correct by the person taking the same, 
and, if such person be other than the secretary, shall be certified 
by the secretary, and shall be forwarded to the county superin- 
tendent on or before the first day of April of the current school 
year. In districts of first and second classes a copy shall be de- 
livered to the principal teacher, or superintendent of the district, 
and in all cases a copy shall be retained in the office of the secre- 
tary. — S. L. '11, p. 577 

Census showing one thousand — directors — election — appointment 
Note. That portion of section 140 of the School Laws Annotated 
included in brackets has been amended by implication by sections 120 and 
152 herein, so that, in case the census of 1912 should show a thousand or 
more children of school age in a second class district, it would be the duty 
of the two hold-over members on the first Monday in May to appoint three 
members of the board to serve until the regular election of 1913, at which 
time two members shall be elected for six years, one member for four 
years and one member for two years. In case the census showed such 
number of children in 1913, then two members shall be elected for six 
years and one for four years. If such showing were made in 1914, then 
three members should be appointed until the regular election of 1915; and 
then and thereafter the same procedure as above should be followed, and 
all vacancies occurring in even years should be filled only until the next 
regular biennial election, and then elected in numbers and for periods of 
time to correspond with the provisions of section 120 herein. 

126. Further duties of secretary — report. The secretary 
shall keep an accurate account of the expenses incurred by the 
district, and shall present the same to the board whenever called 
upon. He shall give the required notice of all regular and special 
meetings, as herein authorized. On or before the first day of 
August of each year he shall make out and file in the office of the 
county superintendent, a report of the affairs of his district. Said 
report shall be made upon blanks prepared by the superintendent 

64 



DIRECTORS § 126 

of public instruction containing suck items of information as the 
said superintendent shall require, including the following, viz. : 

First — The number of persons, male and female, each, in his 
district, between the ages of six and twenty-one years. 

Second — The number of schools and the branches taught in 
each. 

Third — The number of pupils in each school. 

Fourth — the number of teachers employed, in each school, 
and the compensation of each per month. 

Fifth — The number of days the school was taught during the 
year then past and by whom. 

Sixth — The number of pupils enrolled during the year; the 
average daily attendance. 

Seventh — The average cost of school per month for each 
pupil, based upon the total enrollment, and also the average 
cost, based upon the average daily attendance. In estimating 
these averages the secretary shall take account of the teachers' 
wages; all current expenses, and six per cent, interest upon a 
fair valuation of all property belonging to the district. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of each school. 

Tenth — The aggregate amount paid teachers during the year, 
and the average monthly pay of teachers. 

Eleventh — The number of public school houses, and the esti- 
mated value of each. 

Twelfth — The amount raised by tax in the district during 
the year for school library. 

Thirteenth — The amount raised by subscription or by other 
means than by tax. 

Fourteenth — -The amount of special tax levied for the sup- 
port of schools and for building sites, and furniture. 

Fifteenth — The amount of money on hand at the beginning of 
the year then past. 

Sixteenth — The amount of money received from all other 
sources than those herein specified. 

Should the secretary fail to file his report, as above directed, 
he shall forfeit the sum of one hundred dollars, and shall make 

65 



§§ 127-130 DIRECTORS 

good all loss resulting to the district from such failure. — R. S. 
5936 

127. Secretary exhibit quarterly report to board. That it 
shall be the duty of each secretary of the boards of school di- 
rectors to exhibit said quarterly report to the board at its first 
regular meeting after the receipt of said report for the inspection 
of said board and that the board shall examine said quarterly 
report and canceled orders and instruct the secretary to report 
the correctness, or incorrectness, if any be found, upon the blank 
furnished by the county treasurer. — R. S. 5905 

Note. For report referred to, see section 115. 

128. Secretary keep quarterly reports and canceled orders 
on file for six years. That it shall be the duty of each secretary 
of the several boards of school directors, and their successors, to 
keep on file for a term of six years, all quarterly reports and can- 
celed orders received from county treasurers, and at the end of 
said period to cancel by fire, all canceled orders, filing the quar- 
terly reports for such period for future reference. — R. S. 5906 

129. Secretary render statement — books open for inspection. 

The secretary shall render a statement of the condition of the 
finances, as shown by the books, at any time when required by 
the school board, and his books shall always be open for inspec- 
tion.— £. 8. 5937 

130. Failure of secretary to report — duty of superintendent 
of public instruction. Whenever a district secretary fails to file 
his annual report and census list with the county superintendent, 
acording to law, thereby rendering it impossible for the said 
superintendent to apportion to such district any part of the gen- 
eral fund for the ensuing year, if it can be shown to the satis- 
faction of the superintendent of public instruction that such 
report and census list were prepared and reasonable diligence 
used to place the same in the hands of the county superintendent, 
and that such report and census list failed to reach said superin- 
tendent by reason of some accident or extraordinary occurrence ; 
and if it be further shown that a public school was maintained in 
such district for not less than the minimum time required by the 
state constitution; and if it be also shown that duplicates of the 
missing papers have been placed in the hands of the county super- 
intendent, or in his office, then the superintendent of public in- 

66 



DIRECTORS §§ 131-133 

struction shall direct the county superintendent to apportion to 
such district its per capita share of the general fund distributed 
during the remainder of the year, as provided in section seventy- 
two.— B. S. 5938 

Note. Section 72 above referred to is section 74. 

Note. Report of secretary, section 126. 

131. Treasurer countersign warrants — render accounts — 
failure — penalty. It shall be the duty of the treasurer to counter- 
sign all warrants drawn by the president and secretary on the 
county treasurer in favor of parties to whom the district ,has be- 
come lawfully indebted, and in districts having a school popula- 
tion of more than thirty thousand, all warrants and orders drawn 
in his favor in accordance with the law, and to keep an accounrof 
the same. He shall take charge of all moneys received by him on 
account of the district, and pay out the same according to law. 
In school districts having a school population of more than thirty 
thousand, he shall pay out moneys in his hands upon lawful 
orders drawn and countersigned by the secretary and signed by 
the president. He shall render a statement of the finances of the 
district as shown by the records of his office at the close of each 
school year and at any other time when required by the board. 
For a failure to perform any of the duties of his office, when 
directed by the board, or for refusing or neglecting to deliver 
to his legally qualified successor all money, books, or other dis- 
trict property in his possession or care, within ten days after 
the same shall have been demanded by such successor, he shall 
be liable on his bond, and shall make good any loss resulting to 
the district from such failure or neglect. — 8. L. '17, p. 445 

Note. Operative July 10, 1917. 

132. Delinquent officers — penalties. No superintendent or 
district officer shall receive any of the compensation, who has 
neglected or refused to perform any- duty required by law, and 
any district officer so neglecting or refusing, when specially di- 
rected by a majority of the district board, shall be deemed guilty 
of a misdemeanor, and it shall be deemed a violation of law for 
any person to draw or sign a warrant for the payment of such 
delinquent officer, and any person so signing a warrant shall be 
liable, in double the amount of such warrant. — B. 8. 5941 

133. Powers of directors. Any school board shall have 
power to make such by-laws for their own government and for 

67 



§ 134 DIRECTORS 

the government of the public schools under their charge, as they 
may deem expedient, not inconsistent with the provisions of this 
act, or the instructions of the superintendent of public instruc- 
tion. District boards of the first class shall also have power to 
fill any vacancy which may occur in the board, until the regular 
election, at which time the vacancy shall be filled for the unex- 
pired term.— R. S. 5924 

Note. County superintendents fill vacancy, except In first class dis- 
tricts, section 102. 

134. Powers of school boards. Every school board, unless 
otherwise especially provided by law, shall have power, and it 
shall be their duty: 

First — To employ or discharge teachers, mechanics and labor- 
ers, and to fix and order paid their wages; to determine the 
rate of tuition for non-resident pupils, and to fix the compensa- 
tion to be allowed the secretary for the time necessarily spent in 
the service of the district, as required by law, or as directed by 
the board ; Provided, It shall be unlawful to pay any other mem- 
ber of the board, from the district funds, for his services as a 
member of such board. 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
the kind of text books to be used ; Provided, That but one kind of 
text book of the same grade or branch of study shall be used in 
the same department of a school, and that after the adoption of 
any book, it shall not be changed in less than four years, unless 
the price thereof shall be unwarrantably advanced, or the me- 
chanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the school house, or for the use of the school board. 

Fourth — To rent, repair and insure school houses. 

Fifth — To build or remove school houses, and to purchase 
or sell school lots, when directed by a vote of the district so to do. 

Sixth — To hold in trust for their district all real or personal 
property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school who refuse 
to obey the rules thereof, and to exclude from school, children 
under six years of age. 

68 



DIRECTORS § 134 

Eighth — To determine the number of teachers that shall be 
employed, and length of time over and above three (3) months 
that the school shall be kept; to fix the time for the opening or 
closing of schools, and for the dismissal of primary pupils before 
the regular time for closing the schools. 

Ninth — To provide books for indigent children, on the writ- 
ten statement of the teachers that the parents of such children 
are not able to purchase them, and to furnish free text books 
for the use of all pupils, when authorized to do so by a majority 
vote of the district, as expressed at any regular or special meeting. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in school. 

Eleventh — To exclude from school and school libraries all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form and on the blanks pre- 
scribed and furnished by the superintendent of public instruction. 

Fourteenth — To make a report directly to the state super- 
intendent, whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resides remotely from the 
school house in his district, and where a school house is more 
accessible in an adoining district or county, such pupil shall 
be permitted to attend that school which is the most accessible, 
and be granted the same privileges as a resident of that district. 
Provided, The board may refuse to admit pupils from other dis- 
tricts upon the ground of insufficient room. In such case, the 
directors of the district wherein the said pupil resides shall pay 
a reasonable tuition to the district wherein the school is the most 
accessible, which said tuition shall be agreed upon by the two 
school boards affected; Provided, however, If they do not agree, 
the county superintendent or superintendents of the county or 
counties in which such district or districts so affected are located 
shall settle the price of tuition. In case said two superintendents 
can not agree on the tuition to be paid, then the state superintend- 
ent of public instruction shall fix the sum of said tuition. Pro- 
vided, further, that whenever any pupil outside a high school 

69 



§ 134 DIRECTORS 

district desires to attend a high school within the county where 
such pupil resides, or in an adjoining county, and such pupil shall 
possess necessary qualifications for admittance thereto, the neces- 
sary tuition fees charged for the attendance of such pupil by 
said high school shall be paid by the school district in which such 
pupil resides up to two dollars and a half ($2.50) per month; 
Provided, however, that no high school be Required hereunder to 
admit pupils from another district at a less charge per month 
than the average cost per pupil for the previous year for that 
high school; Provided, further, that the Board of Directors of any 
district may pay more than two dollars and a half ($2.50) per 
month, but not exceeding the above-mentioned average cost. — 
R. S. 5925; amended S. L. '09, p. 488; amended 8. L. '13, p. 573. 
[Declared unconstitutional in School District vs. High School 
District, 60 Colo. 292.] 

Sixteenth — That School Boards of first, second and third 
class districts, in addition to the powers now conferred upon them 
by law, shall have the power to provide for the interchange of 
teachers with school districts of other states; provided, however, 
that the teachers exchanged shall teach but one year, the year's 
service outside of the state being credited to them as teaching in 
the district in which they are regularly employed when the inter- 
change is made. Provided, further, that the salaries of the Colo- 
rado teachers shall be paid by the Colorado school districts and 
the salaries of the teachers from outside of Colorado exchanged 
to teach in this State shall be paid by the school districts in their 
respective states. Provided, however, that no teacher shall be 
considered eligible for such an exchange, who has not taught at 
least five years in the district in which said teacher is exchanged. 
— 8. L. 15, p. 411 

Seventeenth — That all School Boards in districts of the first 
class, in addition to the powers now conferred upon them by law, 
shall have power to establish and maintain out of the school funds 
of the district continuation schools, part time schools, evening 
schools, vocational schools, schools for aliens, or other oppor- 
tunity schools. All such schools shall be open to all persons re- 
gardless of age, whom the superintendent and principal of such 
school shall judge to be morally desirable and mentally able to 
profit by the instruction given in such school. 



70 



DIRECTORS §§ 135-136 

In like manner, Boards of Education in districts of the first 
class may at their discretion establish and maintain open air 
schools, playgrounds and museums. They may provide instruc- 
tion in and employ special teachers for such special subjects as 
music, drawing, manual training, household economics, including 
the care of children, vocational and industrial subjects, and sub- 
jects for the training of such special teachers. They may pre- 
scribe the qualifications of, conduct examinations for, and issue 
certificates to such teachers; provided, such certificates shall be 
valid only in the district where issued. — 8. L. '17, p. 116 (Oper- 
ative July 10, 1917) 

Note. See "Teachers," sections 338 et seq. 

Note. See "Compulsory Education," sections 72-&4. 

135. Directors make financial statement. It shall be the 
duty of the boards of directors of all school districts in school 
districts of the first and second class in the several counties of 
this state to publish semi-annually, within twenty days after the 
close of business June 30th and December 31st of each year, a 
complete report of the financial conditions of said school district, 
showing all receipts and disbursements from each and every fund, 
so itemized as to give the general public definite information as to 
the financial condition of said district; such publication shall be 
made once in a newspaper of general circulation printed and pub- 
lished within said district; Provided, That if there be no news- 
paper published within said district, then such publication shall 
be made once in a newspaper having a general circulation with 
said district.— £. L. '11, p. 582 

136. Directors make financial statement in districts other 
than first and second. It shall be the duty of the boards of 
directors of all school districts in districts other than aforesaid 
to publish a complete report annually of the financial condition 
o£, their districts within twenty days after the close of business, 
June 30th of each year, showing all receipts and disbursements 
from each and every fund, so itemized as to give the general 
public definite information as to the financial condition of said 
district; such publication shall be made once in a newspaper 
printed and published in said district ; Provided, That if there be 
no newspaper published in said district, then such publication 
shall be made once in a newspaper having a general circulation 
within said district. — 8. L. '11, p. 583 

71 



§ 137 DIRECTORS 

137. Penalty for failure to publish. The members of any 
sehool board who shall fail or refuse to make such publication as 
aforesaid, shall be subject to a fine not to exceed one hundred 
dollars for each offense. — 8. L. '11, p. 583 



DRINKING CUPS IN SCHOOLS 

Note. Chapter 125, Sess. Laws '11, page 333, provides that it shall be 
unlawful for any person or board having charge of public places, includ- 
ing schoolhouses, to furnish any cup, or permit any cup, or other recep- 
tacle, to be used promiscuously as a common drinking cup, or to allow 
the same to remain in any public place unless there shall be adequate 
provision for thoroughly sterilizing the same; and provides that any per- 
son violating such law shall be deemed guilty of a misdemeanor and be 
fined in a sum not less than five nor more than two hundred dollars. 



72 



§ 138 



DISTRICTS 



138. Consolidation of school districts — board of education — 
districts and special charters abolished. The city and county of 
Denver shall alone always constitute one school district, to be 
known as District No. 1, but its conduct, affairs and business shall 
be in the hands of a board of education consisting of such mem- 
bers, elected in such manner as the general school laws of the 
state shall provide, and until the first election under said laws 
of a full board of education which shall be had at the first elec- 
tion held after the adoption of this amendment, all the directors 
of school district , No. 1, and the respective presidents of the 
school boards of school districts Nos. 2, 7, 17 and 21, at the time 
this amendment takes effect, shall act as such board of education, 
and all districts or special charters now existing are hereby 
abolished. — Sec. 7, Art. XX, Constitution 

Governed by general school laws. The said board of educa- 
tion shall perform all the acts and duties required to be performed 
for said district by the general laws of the state. Except as in- 
consistent with this amendment, the general school laws of the 
state shall, unless the context evinces a contrary intent, be held 
to extend and apply to the said "District No. 1". — Sec. 7, Art. 
XX, Constitution 

Assume control of property, obligations, etc., of annexed 
territory. Upon the annexation of any contiguous municipality 
which shall include a school district or districts or any part of 
a district, said school district or districts or part shall be merged 
in said "District No. 1", which shall then own all the property 
thereof, real and personal, located within the boundaries of such 
annexed municipality, and shall assume and pay all the bonds, 
obligations and indebtedness of each of the said included school 
districts, and a proper proportion of those of partially included 
districts. — Sec. 7, Art. XX, Constitution 

Each district pay its own debt — levy by board and council. 

Provided, however, that the indebtedness, both principal and in- 
terest, which any school district may be under at the time when 

73 



§§ 139-140 DISTRICTS 

it becomes a part, by this amendment or by annexation, of said 
"District No. 1," shall be paid by said school district so owing 
the same by a special tax to be fixed and certified by the board 
of education to the council which shall levy the same upon the 
property within the boundaries of such district, respectively, as 
the same existed at the time such district becomes a part of said 
"District No. 1", and in case of partially included districts such 
tax shall be equitably apportioned upon the several parts thereof. 
Sec. 7, Art. XX, Constitution 

DISTRICTS, OFFICERS AND ELECTIONS 

130. School districts to be bodies corporate. Each regu- 
larly organized school district heretofore formed, or that may be 
formed, as provided in this chapter, is hereby declared to be a 
body corporate, by the name and style of "School District 

No , in the county of , and State of Colorado," 

and in that name may hold property and be a party to suits and 
contracts', the same as municipal corporations in this state. — R. S. 
5913 

Note. Section 2, Article IX of the Constitution, provides that "One 
or more public schools shall be maintained in each school district within 
the state, at least three months in each year; any school district failing 
to have such school shall not be entitled to receive any portion of the 
school fund for the year." 

Note. Section 4, Article XIV of the Constitution, provides that "In 
all cases of the establishment of any new county, the new county shall be 
held to pay its ratable proportion of all then existing liabilities, of the 
county or counties from which such new county shall be formed." 

Note. Section 5, Article XIV of the Constitution, provides: "When 
any part of a county is stricken off and attached to another county, the 
part stricken off shall be held to pay its ratable proportion of all then ex- 
isting liabilities of the county from which it is taken." 

140. Legal school district — when second class districts 
become first class. Every school district in the state which now 
exercises the prerogatives of a school district, and the legality of 
whose organization has not been legally denied, and which has a 
board of directors, duly qualified according to law, and has exer- 
cised the rights and enjoyed the privileges of a legally and regu- 
larly established district for one year, shall be, and is hereby 
declared to be a legal school district, and all district officers shall 
hold office until their successors are qualified. When school dis- 

74 



DISTRICTS g§ 141-142 

tricts of the second class shall attain a school population of one 
thousand or more, as shown by the annual census, at the next 
regular election thereafter, as provided in section 44 of this act 
(there shall be elected one director for three years, and one 
director for four years, and one director for five years, and 
annually thereafter one director for five years), as provided for 
in districts of the first class • and the persons so elected, together 
with the directors whose official terms have not expired, shall 
constitute the new board, which board shall enter upon the duties 
prescribed by law for boards of directors of districts of the first 
class.— R. 8. 5916 

Note. Section 44 above referred to is section 153 herein. 

Note. See section 120. 

141. Legal districts — what constitute. All school districts 
now formed, or which may hereafter be formed, which shall con- 
tinue to exercise, undisputed, the prerogatives, and enjoy the 
privileges of a legally formed district, for the period of one year 
next succeeding the election of its officers, shall be deemed to be 
a legally formed district, and its legality shall not thereafter be 
questioned. — B. 8. 5917 

ORGANIZATION OF DISTRICTS, ETC. 

142. Organization of new districts — petition — unorganized 
territory. For the purpose of organizing a new district out of a 
portion of one or more old districts, the parents of at least ten 
children of school age residing within the limits of the proposed 
new district, shall petition the county superintendent, in writing, 
which petition shall describe the boundaries of the proposed dis- 
trict, and the names of all children of school age residing in such 
proposed district at the date of said petition; and said list of 
names shall be held to be the census list of said district until the 
next regular census shall be taken, and if any names are found 
on said list, and also on other census list for the current year, 
if the county superintendent is satisfied [that] the children so 
named are bona fide residents of the proposed district, he shall 
strike such names from the lists of the old districts, when the 
organization of the new district is complete. If, in the judgment 
of the county superintendent, the school interest of the districts 
affected by the proposed change will be best promoted by said 
change, he shall direct some one of the petitioners who is a legal 

75 



§ 143 DISTRICTS 

voter, to notify each elector residing within the district so to be 
formed, by personal service as far as convenient, and to post a 
notice in three public places in said new district, that such peti- 
tion has been made, and that a meeting will be held, naming the 
time and place for such meeting, to determine the question of the 
proposed organization. People living upon unorganized territory 
may organize themselves into a school district at any time, with- 
out a petition, if a majority of the legal voters residing within the 
proposed district shall so decide at a meeting, of which reasonable 
notice has been given to all resident voters, and which meeting 
shall be conducted as is now provided by law for the organization 
of new districts; Provided, That, in addition to the copy of the 
proceedings now required by law, the secretary shall also trans- 
mit to the county superintendent a certified list of all children of 
school age who are residents in good faith in said district at the 
date of the organization, which list shall be held to be the census 
list of said district until the next regular school census. — R. S. 
5907 

143. Organization of electors — vote to organize — proceed- 
ings — when district cannot be divided. The qualified elect- 
ors of such proposed new district, when assembled in ac- 
cordance with the notice above required, shall organize by 
electing a chairman and secretary. Every legally qualified elector, 
and none other, shall be entitled to vote at such meeting. After 
the organization of such meeting, as above mentioned, a vote shall 
be taken by ballot on the question whether or not the proposed 
district shall be organized. Those in favor of organization shall 
vote "Yes", and those opposed "No". If two-thirds of the 
legal voters so voting are found to be in favor of such organiza- 
tion, and not otherwise, the meeting shall proceed to elect by 
ballot a board of directors of said district, who shall hold office 
until the ensuing regular election, as provided in section 44 of 
this act. The secretary of said meeting shall immediately trans- 
mit to the county superintendent a copy of the proceedings of 
the meeting, upon receipt of which, if the proceedings are found 
to have been in accordance with law, he shall establish and num- 
ber such district and enter a record of the same, and of the 
proceedings of the meetings, as provided in Section 24 of this 
act ; Provided, If such organization of a new district works great 
hardship to any head of a family, a statement of the facts may 

76 



DISTRICTS § 144 

be submitted to the County Superintendent, and if, in the judg- 
ment of said county superintendent, good cause be shown for the 
transfer, he may be transferred to another district; Provided, 
further, that no district shall hereafter be divided for the pur- 
pose of forming a new district, unless it contains an area of more 
than nine square miles or has an assessed valuation of more than 
fifty thousand (50,000) dollars and forty children of school age, 
nor shall a district be divided if by so doing the remainder of 
the district shall be found to contain less than twenty persons 
of school age, and when practicable, the district shall conform 
to government lines; Provided, also, that no eity or town shall 
hereafter be divided into two or more districts, nor shall the dis- 
tricts of the first class be divided, except upon a vote of electors 
of the district, submitted at an annual election, a majority of all 
votes cast being in favor of such division; and Provided further, 
that a new, separate school district may be organized in com- 
pliance herewith out of the territory of a joint school district 
now belonging to two or more counties, if all of the territory 
of such proposed new separate district lies wholly within one 
county.— £. L. '17, p. 442 

Note. Operative April 10, 1917. 

Note. Sections 24 and 44 to which reference is made are sections 
103 and 155 herein. 

144. Uniting two or more districts — territory annexed or 
detached — unorganized territory. Two or more contiguous dis- 
tricts may be united into one district. For the purpose of effect- 
ing such union, each district shall, at a special meeting legally 
called for the purpose, determine by ballot whether or not a 
majority of the legal voters assembled are in favor of such union. 
Those in favor will vote "yes" and those opposed "no." If a 
majority of the voters present in each district vote in favor of a 
union, a union meeting shall be called by giving at least ten days ' 
public notice, at which meeting the organization shall be perfected 
by the election of officers and other necessary proceedings, in the 
same manner as provided for the organization of districts in sec- 
tion twenty-eight of this chapter: Provided, That where a first 
class district is joined in such union with a district, or districts, 
of a lower class, the board of directors of such first class district 
shall be held to be the board of directors for the united district, 
and the members thereof shall be entitled to serve the unexpired 

77 



§ 145 DISTRICTS 

portion of their respective terms as such directors of said united 
district; and the board or boards of directors of the lower class 
districts in said united districts shall cease and determine upon 
notice from the county superintendent of schools that such dis- 
tricts have been united under the provision of this act. Upon 
receiving notice from the county superintendent of such union of 
districts, it shall be the duty of the county treasurer to transfer 
all funds belonging to said districts to the credit of the new dis- 
trict thus formed. Provided, That when one or more of the 
districts so united, previous to the time of being united, shall 
have incurred a bonded indebtedness, such districts alone shall 
be subject to the same, and that none of the other districts uniting 
under this act shall be held in any manner subject to such indebt- 
edness or interest thereon. A portion of unorganized territory 
may be annexed to a school district, or a portion of one district 
may be detached from said district and annexed to a contiguous 
district, by the county superintendent, upon petition, in either 
case, of a majority of the legal voters resident within the territory 
to be so annexed, subject, always, to the limitation of section 
twenty-eight. 

Provided, That when there are children of school age, resid- 
ing upon unorganized territory, and a majority of the legal voters 
of such territory shall neglect or refuse, after being given thirty 
days' notice in writing by the county superintendent, to petition 
to be annexed to a contiguous district, the county superintendent 
may attach such unorganized terrritory to a contiguous school dis- 
trict in the same manner as though such petition had been pre- 
sented to him.— 8. L. '11, p. 580 

Note. Section 28 above referred to is section 143 herein. 

* 145. Organization of joint districts. A joint school district 
may be formed from territory belonging to two or more contigu- 
ous counties. For the purpose of organizing a joint district, the 
same preliminary steps shall be taken, and the same course pur- 
sued, as is provided for the organization of other districts, in 
sections twenty-seven and twenty-eight. Such district shall be 

designated as "Joint District No , of the counties of 

and , " and shall 

be so numbered that it shall have the same number in all the 
counties from which it is formed. The petition required by sec- 
tion twenty-seven shall be made to each county superintendent 

78 



DISTRICTS § 146 

interested, who shall unite in forming such districts; Provided, 
That the school census, the record of attendance at school, the 
assessing of property, the collection of taxes, and all other acts 
which from their nature should be separately kept or done, shall 
be kept and done, and the reports thereof made, as if each portion 
of said joint district belonging to each county were an entire 
district in the respective counties. The teachers of such joint 
district shall have a certificate from the superintendent of the 
county in which the school house is located. No joint district 
shall be annulled except by the consent of the county superin- 
tendents of the counties in which such district is located; Pro- 
vided, That when any joint district desires to be annulled for the 
purpose of forming separate districts, it shall require a majority 
of the voters constituting said joint district, at a meeting called 
for such purpose. — B. S. 5911 

Note. Sections 27 and 28 above referred to are sections 142 and 143 
herein. 

146. When a new district shall be entitled to public school 
money— proviso. No new district, formed as provided in sections 
twenty-seven and twenty-eight of this chapter, shall be entitled 
to any portion of the public school money until a school has 
actually commenced therein, and unless within six months from 
the establishment of such district a school be opened and main- 
tained, as required by law, the action making such district shall 
be void, and all actions had by such district, acting as a body 
corporate, shall cease and determine, and all taxes which may 
have been levied in the old district or districts out of which the 
new one was formed, shall be valid and binding upon the real and 
personal property of the new district, the same as if said new 
district had never been organized; Provided, That the county 
superintendent may, for good cause, extend the said six months 
to eight months ; said time of limitation shall begin to run from 
the time of the meeting at which it was voted to organize the 
district; whenever any district shall, for the period of one year, 
fail to maintain a school and to keep up its organization of officers, 
and to make annual report as required by law, the county superin- 
tendent may declare such district annulled, and annex its terri- 
tory to adjoining district or districts. — B. S. 5910 

Note. Sections 27 and 28 above referred to are sections 142 and 143 
herein. 

79 



147-148 DISTRICTS 



CONSOLIDATED DISTRICTS 



147. Consolidation defined. For the purpose of this act the 
word "consolidation" is hereby defined as providing for the 
abolishment of certain adjoining school districts and their organi- 
zation into one special school district, and for the conveyance of 
pupils to one consolidated school. — S. L. '09, p. 492 

148. School boards may submit question. The school boards 
of two or more adjoining school districts may submit the question 
of consolidation and on the petition of not less than one-fourth 
of the qualified electors of each of such school districts, must 
within thirty days after the filing of such petition submit such 
question to a vote of the qualified electors of such districts. For 
the purpose of determining the question in districts other than 
districts of the first class, the secretary of the school board in 
each district affected shall call a special meeting of the electors 
of said districts, to be held at the usual place of holding school 
district elections, by posting a notice in three conspicuous and 
public places in said district, stating the object and designating 
the day, hour and place of meeting. The legally qualified electors, 
when assembled in accordance with the notice above specified, 
shall vote by ballot for or against such consolidation. Those in 
favor will vote "For consolidation — yes," those opposed, "For 
consolidation — no." If at said meeting more votes are cast 
against the proposition than for it, the question shall not be again 
submitted to the electors of said adjoining districts for a period 
of one year. Provided, for the purpose of determining the ques- 
tion in districts of the first class the board of directors of each 
district must cause saicj question to be submitted to the qualified 
electors of their respective districts at the next general school 
p] potion occurring after the petition is filed with the secretary of 
the respective boards, provided said petition is filed more than 
thirty days prior to the date of said election. At said election, 
those in favor will vote "For consolidation" and those opposed, 
"Against consolidation." If at said election there are more votes 
cast against consolidation in each district than for the consolida- 
tion, the question shall not be again submitted to the electors of 
said adjoining districts for a period of two years. — S. L. '17, 
p. 430. 



80 



DISTRICTS §| 1*9-150 

149. Consolidation — organization meeting — procedure — of- 
ficers. — proviso — election. If in districts other than districts 
of the first class a majority of the electors vote in favor of 
consolidation, it shall then be the duty of the school board in 
the district affected which has the largest school enumeration to 
call a union meeting by giving at least twenty days' public 
notice in each district affected, at which meeting the organiza- 
tion of the consolidated district shall be perfected by the elec- 
tion of officers and other necessary procedure. After the organi- 
zation of the union meeting is completed by the election of a 
chairman and secretary it shall proceed to elect, by ballot, a board 
of directors for such consolidated district, consisting of a presi- 
dent, a secretary and a treasurer, who shall be held to constitute 
the board of directors of such consolidated district until the next 
annual school election, at which election one president shall be 
elected for a term of three years, one secretary for two years, 
and one treasurer for one year, and annually thereafter a person 
to fill the vacancy occurring. Provided, That when a district of 
the first class is joined with a district or districts of a lower class 
the board of directors of said first class district shall be held to 
be the board of directors of the consolidated district and shall 
serve out the term for which they were elected. Provided, That 
when a majority of the electors voting in each of two first class 
districts vote in favor of consolidation the directors of the two 
school boards of said district shall constitute the school board 
of the new district until their respective terms have expired; 
Provided, That there shall be elected at each general school elec- 
tion after the consolidation of said district the number of direct- 
ors as is now or may hereafter be provided by law. — 8. L. '17, 
p. 440-1. 

Note. Effective June 19, 1917. 

150. Purchase site — erect building — transport children. As 

soon as the organization of a special school district as herein con- 
templated shall have been perfected and its officers elected, it 
shall be the duty of the school board of such consolidated school 
district, if necessary, to purchase a site and erect a suitable build- 
ing thereon, and said school board is hereby required to maintain 
and support a graded course of instruction, and may include a 
high school course of not less than two years, and may at its 
discretion furnish transportation to and from school to all pupils 

81 



§§ 151-152 DISTRICTS 

living one mile or more from the consolidated school or building. 
Said distance to be measured from the enclosure immediately sur- 
rounding their residence to the school house property along the 
public highway, provided, that the person or persons employed 
for the purpose of transporting the pupils to and from school shall 
be required to give a reasonable bond for the faithful perform- 
ance of duties as prescribed by the school board. — 8. L. '11, p. 579 

151. When new district entitled to share of funds — appor- 
tionment. When a new district is formed from one or more old 
ones, the school funds remaining to the credit of the district, 
after providing for all outstanding debts, excepting debts incur- 
red for building and furnishing school houses, shall be divided as 
follows: The basis of division for the school fund shall be the 
school population, as shown by the last school census before the 
division of the district or districts occurred, and shall apply such 
funds as remain to the credit of said old district or districts at 
the time of the organization of said new district, and each district 
shall receive funds in proportion to its per cent, of the said census. 
In case of division, each district shall own and hold all permanent 
property, such as sites, school houses and furniture, situated 
within its boundaries. All division of funds under this provision 
shall be made by the county superintendent, and when there are 
unpaid special taxes on the county tax book belonging to a dis- 
trict at the date of its division, the county treasurer, upon being 
notified of such division by the county superintendent, shall retain 
all money received in payment of said special tax until the same 
shall be apportioned by the county superintendent, whose duty 
it shall be to apportion said money monthly, between the fractions 
of the divided district, according to the location of the property 
ou which said tax was levied. At the first apportionment after 
the organization of a new distriet, the county superintendent shall 
apportion to such district its per capita proportion of the general 
fund, but no money, either from the general or special fund, shall 
be paid out of the county treasury on account of such district 
until a school [house] shall have been begun therein in good 
faith.— R. S. 5912 

152. Districts may hold real estate — proviso. It shall be 
lawful for any school district in this state to take and hold, under 
the provisions of any law now or hereafter in force providing 

82 



DISTRICTS § 152 

for the exercise of the right of eminent domain, so much real 
estate as may be necessary for the location and construction of 
a school house and convenient use of the school; Provided, That 
the real estate so taken otherwise than by the consent of the 
owner thereof, shall not exceed in districts of the first class, three 
acres, if real estate be unplatted, and not exceeding one block 
if real estate be platted, and in districts of all other classes, not 
exceeding one acre. — B. 8. 5914 

Note. Chapter 31 referred to is the chapter on "Eminent Domain." — 
R. S., chap. xiv. 



83 



§8 163-154 



ELECTIONS. 



153. Annual elections — notices posted — publication — ballot. 
The regular election for electing members of school boards or 
boards of education shall be held biennially in each school dis- 
trict of the first class, and annually in each school district of the 
second and third classes on the first Monday in May, beginning 
with the year 1911, at which time it shall be lawful in school 
districts of the third class to transact any business pertaining to 
schools and school interests. 

The secretary of each school board shall cause written or 
printed notices to be posted, specifying the day and the place 
or places of such election, the boundaries of election precincts, if 
any, and the time during which the ballot box or boxes shall be 
kept open, not less, however, than three hours in districts of the 
second and third classes, and further specifying at what hour and 
place any other business shall be transacted. In districts of the 
first class the ballot box or boxes shall be kept open from seven 
o'clock a. m. to seven o'clock p. m. Said notices shall be posted 
in at least three public places in the district, and additionally at 
each school house, at least six days prior to the time of election ; 
and in districts of the first class, said notice shall be published 
weekly for the four weeks next preceding such election, in some 
newspaper published in the district, and if there be no paper 
published in such district, then in a paper published in an adjoin- 
ing district ; Provided, That in those districts having a school pop- 
ulation of more than three thousand the said notice shall be 
posted as aforesaid at least eight weeks previous to the time of 
election and published in a newspaper as aforesaid once each 
week for a period of eight weeks next preceding such election. If 
the secretary shall fail to give such notice, then any two legal 
voters residing in the district may give such notice over their 
names, and such election may be held after the day fixed by this 
act for such election. — 8. L. '11, p. 588 

154. Electors — directors — qualifications — publish names — 
ballots — registration — county clerk furnish — judges — challengers 

84 



ELECTIONS § 154 

— watchers — fraudulent — voting — oaths — certificate — taxpayers 
— bribery — fraud. Every elector qualified to vote at a general 
election, having been a resident of the school district for thirty 
days next preceding the date of election shall be entitled to vote 
at school elections, provided, that he has been first dnly registered 
as hereinafter provided in this act, for districts having a school 
population of more than three thousand. 

In districts of the first and second classes any person who 
may desire to be a candidate for the office of school director shall 
file a written notice of such intention with the secretary of the 
school district in which he resides at least eight days prior to 
the date for the holding of the election of school directors, pro- 
vided that in districts of the first class the said candidate or can- 
didates, in addition to filing such written notice shall also file 
a certificate of nomination signed by not less than fifty qualified 
electors of said district, which certificate of nomination shall 
contain the name of the office for which such person or persons 
is nominated, the name, Post Office address and residence of each 
of such persons, and if in a city the street number of residence 
and place of business, and the secretary of said school district 
shall, for five consecutive days preceding the day of said election 
publish in some daily newspaper published in said district, or 
when no daily newspaper is published in such district, then by 
posting a printed or written notice in not less than five public 
places in such district and at each school house in such district, 
the names of all candidates who have been nominated as above 
provided. 

In districts of the first and second classes the said secretary 
shall have printed ballots prepared bearing the names of all candi- 
dates so nominated, which names shall be arranged in alphabet- 
ical order, according to the surnames of the candidate; and on 
the ballot shall be printed such words as will indicate the number 
of directors or members' of the board of education to be elected. 
All such ballots shall be uniform in every respect and of sufficient 
length and width to allow all the names of the candidates to be 
printed in clear plain type, and so as to give each elector an 
opportunity to designate by a cross-mark (X) in a snfficient mar- 
gin at the right of the name of each candidate, his choice of candi- 
dates. There shall be printed on the back of each ballot the fol- 
lowing endorsement: 

85 



§ 154 ELECTIONS 

' ' Official Ballot of School District No in the County 

of and State of Colorado," together with the date 

of the election and a facsimile of the signature of the secretary of 
the school district. 

In school districts having a school population of more than 
three thousand, no person shall hereafter be permitted to vote at 
any school election, without first having been registered in the 
manner required by the provisions of this act. 

Any person possessing all the qualifications of an elector in 
any school district, whose name appears on the registration list 
made according to law for the general election of county officers 
in the county in which the school election precinct in which such 
person resides is situated next preceding any school election in 
such district shall be entitled to vote at such school election. 

In school districts having a school population of more than 
three thousand, any person possessing all the qualifications of an 
elector, whose name does not appear upon the registration list of 
the voting precinct, in which he resides, made according to law 
for the next preceding general election of county officers in his 
county may, not less than thirty days, nor more than sixty days a 
prior to the time of any school election, appear before the county 
clerk of the county in which he resides, or if the district is not 
located in the county seat, appear before the secretary of the 
school board of the district in which he resides, and, upon making- 
oath before said county clerk or district secretary of his qualifica- 
tions as an elector, and answering to said county clerk or district 
secretary all the questions required by law to be answered for reg- 
istration for a general election, cause his name to be placed upon 
the registration list for such school election by said county clerk 
or district secretary. 

The county clerk of each county wherein there shall be one 
or more school districts having a school population of more than 
three thousand shall prior to the time of holding any election in 
said school district make a full and complete copy of the regis- 
tration list of the qualified voters of each school election pre- 
cinct as the same shall be designated and bounded by the board 
of directors or the board of education of any such school dis- 
trict having a school population of more than three thousand, 
which list shall contain the names of the qualified voters accord- 
ing to the registration list made for the next preceding general 



ELECTIONS § 154 

election of county officers, together with such changes, additions 
and amendments as shall have been made by said county clerk in 
making new registrations as provided by this act, and shall certify 
the same under his hand and official seal, and shall deliver the 
same to the secretary of such school district not less than five 
days prior to the time of the holding of an election in said school 
district. 

The said school district shall pay to the county clerk as his 
fee for making and certifying said registration lists the sum of 
one cent for each and every name therein contained or added 
thereto by new registration. 

In districts of the first and second classes the board of 
directors or board of education may, not less than sixty days 
prior to the time of the holding of any school election divide the 
district into such number of election precincts as they shall see 
fit and fix the boundaries of the same, and in each case they shall 
designate one voting place in each of said election precincts. 
Immediately upon so dividing said districts the secretary of any 
school district having a school population of more than three 
thousand shall certify to the county clerk of the county in which 
the said district is situated the limits and boundaries of said 
election precinct. "Whenever the board of directors or board of 
education shall divide a district into election precincts they shall, 
prior to the time of holding such election, appoint three judges 
for each of the said election precincts, each of whom shall be 
a qualified elector of the school election precinct for which he is 
appointed, who shall not be members of the school board. 

In school districts of the third class the directors or members 
of the board of education shall act as judges, and each voter shall 
prepare his own ballot by writing the name of the candidate or 
candidates for whom he wishes to vote on a piece of paper. 

In case one or more judges of election shall be absent at the 
time and place stated in the notice for the opening of the polls 
and ballot boxes, one or more duly qualified electors shall be 
chosen by viva voce vote of the qualified electors present to fill 
the vacancy or vacancies. 

Any person offering to vote at any school election in any dis- 
trict may be challenegd by any legally qualified elector of the 
district and thereupon the judges of election or one of them may 
require him to answer, under oath, such questions touching his 

87 



§ 154 ELECTIONS 

qualifi«ations as a voter as they see fit. One of the judges shall 
administer to him the oath, as follows : 

" I do solemnly swear or affirm that I am a citizen of the 
United States; that I have resided in this state for one year 
immediately preceding this election; in this county ninety days 
and in this school district thirty days. That I am twenty-one 
years of age and that I have not previously voted at this election, 
so help me God." 

If the person so challenegd shall refuse to make such oath 
or affirmation, his vote shall be rejected. Each candidate voted 
upon at any school election in any school district shall have the 
right to appoint in each school election precinct any person who 
is a qualified elector of such school district, to remain with the 
polling places during the casting and counting of votes and the 
declaration of the result thereof. Such watcher may also act as 
challenger when there is reason to believe that any person about 
to vote is not entitled to vote at such election precinct. If any 
elector shall vote more than once or having voted once shall offer 
to vote again at any school election or shall deposit or offer to 
deposit in the ballot box at any school election more than one" 
ballot, he shall be deemed guilty of a crime and upon conviction 
thereof he shall be fined not less than fifty dollars and shall be 
imprisoned in the county jail for not less than three months. 

Prior to the time of any school election, the secretary of 
each school district of the first class shall provide ballot boxes and 
cause to be prepared two duplicate poll-books for each voting 
place in his district. On the first page of said poll-books shall 
be printed a blank form of oath, to be taken by each of the judges 
of election, substantially as follows : 

"I, , do solemnly swear (or affirm) 

that I will perform the duties of judge of election according to 
law, and to the best of my ability; that I will studiously endeavor 
to prevent fraud, deceit and abuse in conducting same; that I 
will not try to ascertain how any electors shall vote, and if in 
the discharge of my duties such knowledge comes to me, I will 
not disclose the same unless required to do so in some court of 
justice, so help me God." 



88 



ELECTIONS § 154 



Subscribed and sworn to before me this, 
day of A. D. 



Judge." 

The said oath shall be taken and subscribed by each of the 
judges of election before any votes shall be received. Any of the 
judges of election shall have the power and authority to admin- 
ister said oath. 

The next succeeding several pages of said poll-books shall 
contain in one column, a series of numbers beginning with the 
number one and in an adjoining column, spaces opposite said 
numbers, in which a judge of election shall write the names and 
addresses of the electors as they respectively present themselves 
for voting. On one of the latter pages of said poll-books shall 
be printed a blank form of certificate of return, substantially as 
follows : 

"To the Board of Education of School District No 

in the County of , in the State of Colorado : 

At an election held at in election pre- 
cinct No of said school district on the 

day of A. D , the following named 

persons received respectively the number of votes placed opposite 
their names for the office of director or member of the board of 
education of said school district, to-wit : 

A. B. received votes 

C. D. received. votes 

E. F. received votes 

Gr. H. received votes 

The whole number of votes cast was 

The number of excess ballots was 

The number of unused ballots 

J. K., 
0. P., 
L. M., 
Judges." 

In school districts having a school population of more than 
three thousand, when any elector appears for voting he shall 

89 



§ 164 ELECTIONS 

give his name and place of residence to one of the judges. If 
his name shall be found on the registration list, and if the judges 
shall be satisfied that* he is a qualified elector, his name and ad- 
dress shall be entered by the judge of election having charge of 
the poll-books in the column prepared for that purpose provided 
that it shall be entered in each poll-book opposite the same num- 
ber. The other judge shall thereupon write on the back of a 
blank ballot with ink, or indelible pencil, the number opposite 
that elector's name in the poll-book, together with his (the 
judge's) initials, and shall hand the ballot to the elector, who 
shall retire with it within the enclosure and prepare it for easting 
by marking a cross (X) opposite the names of those candidates 
for whom he desires to vote, or by drawing a line or lines through 
the names of those candidates for whom he does not wish to vote 
or by otherwise indicating his choice. After having prepared his 
ballot, the elector shall return the same to the judge from whom 
he received it, so folded as to expose the number and initials 
written on the back thereof by the judge, but not disclose the 
marks on the face thereof indicating the elector's vote. That 
judge shall examine the number and the initials on the back of 
said ballot, and if they indicate that it is the same one which 
was issued to that elector, the judge shall again write his initials 
on the back of the same, and return it to the elector, who shall 
deposit it in the ballot-box. 

Provided, however, that at all elections held for voting upon 
a proposition to create or contract a debt by loan for the purpose 
of erecting or furnishing school buildings, or purchasing school 
grounds, only such qualified electors of the district shall vote 
thereat as shall have paid a school tax in such district for the 
year next preceding such election. 

If any person shall falsely personate a voter and shall vote 
under the name of such voter he shall be deemed guilty of a crime 
and upon conviction thereof, he shall be fined not less than fifty 
dollars and shall be imprisoned in the county jail for not less than 
three months. 

It shall be unlawful for any person, directly or indirectly, by 
himself or through any other person, 

(a) To pay, loan or contribute, or offer or promise to pay, 
loan or contribute, any money or other valuable consideration to 
or for any voter to vote or refrain from voting at any school 

90 



ELECTIONS § 154 

election provided by law, or to induce any voter to vote or refrain 
from voting at such election for any particular person or persons, 
or to induce such voter to go to the polls, or remain away from 
the polls at such election, or on account of such voter having 
voted or refrained from voting for any particular person, or 
having gone to the polls or remained away from the polls at such 
election. 

(b) To give, offer or promise any office, place or employ- 
ment, or to promise or procure or endeavor to procure any office, 
place or employment, to or for any voter, or to or for any other 
person, in order to induce such voter to vote or refrain from 
voting at any school election provided by law, or to induce any 
voter to vote or refrain from voting at such election for any par- 
ticular person or persons. 

(c) To advance or pay, or cause to be paid, any money or 
valuable thing to or for the use of any person, with the intent that 
the same or any part thereof shall be used in bribery at any 
school election provided by law, or to knowingly pay or cause to 
be paid any money or other valuable thing to any person in dis- 
charge or repayment of any money, wholly or in part, expended 
in bribery at any such election. 

Any person convicted of any of the offenses mentioned in 
paragraphs (a), (b) and (c) of this act shall be punished by a 
fine of not less than fifty dollars nor more than five hundred dol- 
lars, or imprisonment in the county jail for not less than six 
months nor more than one year, or by both fine and imprisonment. 

If any elector at any school election shall be guilty of wilful 
and corrupt false swearing or affirmation by any oath or affirma- 
tion prescribed by law in the conduct of such election, such per- 
son shall be deemed guilty of perjury and upon conviction thereof 
shall be punished by a fine of not less than fifty dollars or to 
exceed five hundred dollars or imprisonment in the county jail 
not to exceed one year. 

If any judge or clerk of a school election shall knowingly 
and wilfully permit any person to vote at any school election who 
is not entitled to vote thereat, or shall knowingly and wilfully 
permit any persons to vote more than once at such election, or 
shall knowingly and wilfully permit any person to deposit more 
than one ballot in the ballot box at such election, or shall be guilty 
of any fraud in the conduct of any such election, or shall know- 

91 



§ 156 ELECTIONS 

ingly permit the commission of any fraud or deceit on the part 
of any other person in the conduct of such election, such judge 
or clerk shall be deemed guilty of a crime, and upon conviction 
thereof shall be fined not less than fifty dollars and shall be 
imprisoned in the county jail for not less than three months. — 
8. L. '11, p. 589 

Note. See Qualifications of Electors, sections 157 and 162 herein. 

155. Counting votes — special election — excess ballots — dis- 
position of poll books — canvass of votes — contest. Immediately 
after the close of the polls the judges shall open the ballot box 
and proceed to count the votes polled, and shall continue to count 
without adjournment until finished. If, for any cause, no election 
be held at the regular time, or if, upon counting the votes, there 
be a tie vote for any one or more of the officers, a special election 
shall be called by the board within ten days, and notice thereof 
given as required in section 5918 of the revised statutes of the 
state of Colorado of 1908, as hereby amended. A failure to give 
the prescribed notice of such special election shall render the 
election void. 

If in school districts of the first class it shall be found that 
the number of ballots in the box or boxes exceeds the number of 
names entered in the poll books, the judges of election without 
unfolding the ballots, shall examine the endorsement on the backs 
of the same, and, if in their opinion any one or more of them is 
spurious, they shall be separated from the others unopened, and 
shall not be counted, but shall be enclosed in a package by them- 
selves, marked "excess ballots" and returned to the ballot box. 
A record of the number of such excess ballots shall be made and 
certified to the board of directors or board of education in the 
certificate of returns. 

As soon as all the ballots shall have been counted the judges 
shall make out the certificate of returns in each poll-book in 
duplicate, under their hands, stating the number of votes cast, 
the number of excess ballots, and the number of unused ballots 
and the number of votes received by each candidate in both words 
and numerical figures. 

One of the poll-books, together with the registration list of 
voters, shall be enclosed and sealed under cover, and forthwith 
delivered by one of the judges to the secretary of the board of 
education or board of directors of said school district. 

92 



ELECTIONS § 155 

After the ballots have been counted they shall be returned to 
the ballot box, together with one of the poll-books ; the ballot box 
shall thereupon be closed, locked and sealed by the judges of 
election and shall forthwith be returned to the secretary of the 
board of directors or board of education of that school district by 
one of the judges other than the one designated to return the poll- 
books and registration list. If the judges of election can not 
agree upon the question of which of them shall return the poll- 
books and registration list, and which the ballot box, all three of 
the judges shall return both together. 

Upon receiving the ballot box and the poll-books and regis- 
tration list the secretary of the board of directors shall give his 
receipt therefor. Immediately upon receiving all the returns of 
election the secretary shall call a meeting of the board of direct- 
ors or board of education to meet not more than twenty-four 
hours later. At such meeting the board of directors or board of 
education shall proceed to open and examine the said certificate 
of returns and shall canvass the votes oast, and it shall be the 
duty of the said board immediately upon the conclusion of such 
canvass to make out and deliver a certificate of election to the 
candidates who shall receive the highest number of votes, or 
where there is more than one vacancy to be filled, to those candi- 
dates who shall receive the highest number of votes, which said 
certificates shall be signed by the president and secretary of the 
board and bear the impression of the corporate seal of the board. 

The board of education shall preserve the ballot boxes un- 
opened and intact until thirty days prior to the next school elec- 
tion, when the secretary shall open the same and burn their con- 
tents, unless the board shall be required to produce them in court 
of justice. 

Proceedings to contest the election of any person declared 
duly elected as a member of the board of education of any district 
in this state may be instituted by any qualified elector of such 
school district. Such proceedings shall be instituted within ten 
days after the votes cast at such election are canvassed. 

The county court of the county wherein a school district shall 
be situated shall have jurisdiction for the adjustment of all con- 
tests for the office of director or member of the board of education 
of any school district. In such fiases the rules of practice and 
procedure in contested elections for the office of sheriff shall 
apply as far as applicable. — 8. L. '11) p. 596 

93 



§ 156 ELECTIONS 

156. Applies to all school elections. The general provisions 
of sections 44, 45, 46, shall be applicable to all school elections, 
whether general or special, or for whatever purpose held. — R. S. 
5921 

Note. Sections 44, 45 and 46 above referred to are sections 154 and 
155, herein. 



94 



§* 157-161 



ELECTORS. 



SUFFRAGE AND ELECTIONS 

157. Citizenship. Every person over the age of twenty-one 
years, possessing the following qualifications, shall be entitled to 
vote at all elections : He or she shall be a citizen of the United 
States, and shall have resided in the state twelve months imme- 
diately preceding the election at which he offers to vote, and in 
the county, city, town, ward or precinct, such time as may be 
prescribed by law. — Sec. 1, Art. VII, Constitution 

Residence in city, town, ward and precinct 

Note. Section 162 provides, in addition to above, that such person 
shall reside in this state one year immediately preceding the election at 
which he offers to vote; in the county, ninety days; in the city or town, 
thirty days; and in the ward or precinct, ten days; and section 154 pro- 
vides that to vote at school election, the elector must live in the school 
district thirty days. 

158. Absence in civil or military service. For the purpose of 
voting and eligibility to office, no person shall be deemed to have 
gained a residence by reason of -his presence, or lost it by reason 
of his absence, while in the civil or military service of the state, 
©r of the United States, nor while a student at any institution of 
learning, nor while kept at public expense in any poorhouse or 
other asylum, nor while confined in public prison. — Sec. 4, Art. 
VII, Constitution 

159. Privilege of voters. Voters shall in all cases, except 
treason, felony or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to and return- 
ing therefrom. — Sec. 5, Art. VII, Constitution 

160. Electors only eligible to office. No person except a qual- 
ified elector shall be elected or appointed to any civil or military 
office in the state. — Sec. 6, Art. VII, Constitution 

161. Prisoners disqualified — restoration — pardon or full 
service. No person while confined in any public prison shall be 

95 



§§ 162-164 ELECTORS 

entitled to vote ; but every such person who was a qualified elector 
prior to such imprisonment, and who is released therefrom by 
virtue of a pardon, or by virtue of having served out his full term 
of imprisonment, shall, without further action, be invested with 
all the rights of citizenship, except as otherwise provided in this 
constitution. — Sec. 10, Art. VII, Constitution 

162. Qualifications of electors. Every person over the age 
of 21 years, possessing the following qualifications, shall be en- 
titled to vote at all elections: 

First — He shall be a citizen of the United States. 

Second — He shall have resided in this state one year immedi- 
ately preceding the election at which he offers to vote; in the 
county, 90 days ; in the city or town, 30 days ; and in the ward or 
precinct, 10 days. — R. 8. 2146 

Note. Section 154 also requires that a person voting at a school 
election, in addition to the above qualifications, must reside in the school 
district thirty days previous to the school election. 

Note. See also section 157. 

163. Women vote — qualifications. That every female per- 
son shall be entitled to vote at all elections, in the same manner 
in all respects as male persons are, or shall be entitled to vote by 
the constitution and laws of this state, and the same qualifica- 
tion as to age, citizenship, and time of residence in the state, 
county, city, ward and precinct; and all other qualifications re- 
quired by law to entitle male persons to vote shall be required 
to entitle female persons to vote. — R. S. 2147 

164. Powers of electors at meetings. The qualified electors 
of districts of the third class, when assembled at any regular or 
special meeting shall have power : 

First — To appoint a chairman and secretary in the absence of 
the regular officers. 

Second — To adjourn from time to time, as occasion may 
require. 

Third — To fix the site for each school house, taking into con- 
sideration in doing so the wants and necessities of the people of 
each portion of the district. 

Fourth — To order such tax on taxable property of the district 
as the meeting shall deem sufficient for any of the following pur- 
poses : To pay teachers ; to purchase or lease a suitable site for a 

96 



ELECTORS § 164 

school house or school houses ; to build, rent or purchase a school 
house or school houses ; and to keep in repair and furnish the same 
with the necessary fuel and appendages; for procuring libraries 
for the schools, books and stationery for the use of the board and 
district meetings, and to defray all other contingent expenses of 
the district. 

Fifth — To direct the sale or other disposition to be made of 
any school house, or the site thereof, and of such other property, 
real or personal, as may belong to the district, and to direct the 
manner in which the proceeds arising therefrom shall be applied. 

Sixth — To transact generally such business as may tend to 
promote the cause of education, in accordance with the provisions 
of this act. 

Seventh — To adopt any rules of order for the government of 
district meetings not incompatible with the provisions of this act, 
and to alter and change the same from time to time, as occasion 
may require. — B. 8. 5955 
Note. See section 134. 



97 



$ 165 



EXAMINATIONS 



165. Examination of teachers — deputy — compensation. On 

the third Thursday in August, December and March in each year 
he shall meet all persons, of not less than eighteen years of age, 
desirous of passing an examination as teachers, in some suitable 
room at the county seat, notice of which shall be given in some 
newspaper in the county, or in case there is no paper published 
in the county he shall give such notice as may by him be deemed 
necessary, at which time he shall examine all such applicants in 
orthography, reading, writing, arithmetic, English grammar, 
geography, history, and constitution of the United States and the 
constitutions of Colorado, civil government, physiology, natural 
sciences, theory and practice of teaching, and the school law of 
the state. If the applicant is to teach in a school of high grade, 
the examination shall extend to such additional branches of study 
as are to be pursued in such school. If satisfied of the compe- 
tency to teach and of the good moral character of the applicant, 
he shall give such applicant a certificate, as provided in the fol- 
lowing section, but he shall not issue a certificate except one of 
like grade unless the applicant be examined at the regular state 
examinations. He may, however, in case of emergency, recognize 
county teachers' certificates issued in this or other states by 
endorsing thereon the word "Good" Until the next regular coun- 
ty examination; Provided, That the certificates so endorsed shall 
be in full force at the date of such endorsement, and shall not 
be renewed, extended, nor show a previous endorsement thereon. 
If the attendance upon the examination at the county seat shall 
work a great hardship to five or more teachers in the county, the 
county superintendent may provide for such teacher or teachers 
to take the examination at some convenient place, and the county 
superintendent may appoint some suitable person to conduct such 
examination, who shall without delay report to the county super- 
intendent the written answers of each applicant. Such person 
shall be entitled to five dollars ($5.00) per day for conducting 
such examination, and such services shall be certified by the 
county superintendent to the county commissioners. — R. 8. 5991 
Note. For teaching languages other than English and music and 
drawing, see section 338. 

98 



§§ 166-169 



FINES 

Note. See "Funds." 

166. Justice report — fines. Every justice of the peace or 
other magistrate by whom any fine or penalty has been imposed 
which under the statute should be paid into the general school 
fund, shall at the next regular quarterly meeting of the board of 
county commissioners submit an itemized report showing date of 
trial, title of case, nature of offense and amount of fine, giving 
amounts collected, amounts uncollected, and accompany said 
reports with receipts from the county treasurer for amounts so 
collected and paid over to him. — B. 8. 3874 

167. County treasurer render statement. The county treas- 
urer, at the time of rendering to the county superintendent of 
schools his quarterly certificate of taxes collected (as provided in 
section sixty-six of chapter XCVII being general section three 
thousand and sixty-one of the general statutes of the state of 
Colorado) shall show separately in said certified statement the 
amounts received from fines and by whom paid in. — B. S. 3875 

FINES UNDER FEDERAL STATUTES. 

168. For the willful setting on fire of timber and underbrush 
on public domain. "Whoever shall willfully set on fire, or cause 
to be set on fire, any timber, underbrush, or grass upon the public 
domain, or shall leave or suffer fire to burn unattended near any 
timber or other inflammable material, shall be fined not more than 
five thousand dollars, or imprisoned not more than two years, or 
both. — Federal Criminal Code, 52 

169. Fine for leaving unattended fires in or near forest 
timber. Whoever shall build a fire in or near any forest timber, 
or other inflammable material upon the public domain shall, be- 
fore leaving said fire, totally extinguish the same; and whoever 
shall fail to do so shall be fined not more than one thousand dol- 
lars, or imprisoned not more than one year or both. — Federal 
Criminal Code, 53 

99 



§ 170 FINES 

170. Fines collected paid to public school fund. In all cases 

arising under the two preceding sections the fines collected shall 
be paid into the public school fund of the county in which the 
lands where the offense was committed are situated. — Federal 
Criminal Code, 54 



100 



§§ 171-175 



FLAGS 

171. Directors purchase flag — flagstaff — display. The school 
directors of the several school districts in this state may pur- 
chase or cause to be purchased a suitable American flag of 
standard bunting, not less than eight by twelve feet in size, and 
they may erect and maintain or cause to be erected and main- 
tained upon each public school building or the grounds belong- 
ing thereto, a suitable flagstaff with the necessary appliances for 
displaying said flags, and may cause said flag to be displayed 
upon said staff upon all national and state holidays, the first and 
last days of each school term, and such other occasions as such 
school directors shall prescribe. — R. S. 5928 

172. Each department keep flag. Every school within this 
state may have placed and kept in a conspicuous position in each 
department thereof at least one American flag of standard bunt- 
ing, not less than three by five feet in size. — R. S. 5929 

173. Expense of purchasing and care of flag. It shall be 
lawful for the school directors of each school district in this state 
to pay for said flags and staffs and to provide for the proper care 
and maintenance of the same, from any special school funds which 
they may have in their hands or which may be subject to their 
order, or to include the expense thereof in the next annual esti- 
mate for school expenses, or in any tax levy for school purposes ; 
and the expense thereof for any public school shall be met by 
said directors or other officers charged with the duty of raising 
or appropriating any money for school purposed as any other 
necessary expenses or expenditures for school purposes are raised. 
—R. 8. 5930 

174. Applies to all institutions. This act shall be held to 
apply to all institutions directly or indirectly under the control 
of the state of Colorado or any of its officers, and it shall be the 
duty of such offiicer to see that this act is complied with. — R. S. 
5931 

175. Injury to flag. Any person who shall wilfully injure, 
deface, or destroy any flag, flagstaff, or other material placed in 
any room or building or upon any building or school grounds 
for the carrying out of this act, shall be deemed guilty of a mis- 
demeanor and punished accordingly. — R. S. 5932 

101 



§§ 176-179 FLAGS 

176. Superintendent of public instruction publish act. It 

shall be the duty of the superintendent of public instruction to 
publish this act in connection with the school law of this state. — 
R. 8. 5933 

177. Display of flag other than United States — exception. 
It shall be unlawful to display any flag upon any state, county 
or municipal buildings in this state, except the flags of the United 
States; Provided, however, That whenever any foreigner shall 
become the guest of the United States, or of the state of Colorado, 
or of any city of this state, or upon the occasion of the visit of any 
foreign minister, envoy or ambassador in his official or repre- 
sentative capacity, the flag of the country of which such person 
shall be a citizen may be displayed upon such public buildings; 
and it shall be unlawful to display the flag of any anarchistic 
society upon any public or private building or in any street pro- 
cession or parade within the state of Colorado. — R. S. 2597 

178. Violation. Any violation of this act is hereby declared 
a misdemeanor and shall be punished by a fine of not less than 
fifty nor more than five hundred dollars. — R. S. 2598 

STATE FLAG 

179. State flag adopted — description of. That a state flag be 
and the same is hereby adopted to be used on all occasions when 
the state is officially and publicly represented, with the privi- 
lege of use by all citizens upon such occasions as they may deem 
fitting and appropriate. Said flag shall consist of three alternate 
stripes to be of equal width and at right angles to the staff, the 
white stripes being the middle one, the proportion of the flag 
being a width of two-thirds of its length. At a distance from the 
staff end of the flag of one thirty-sixth of the total length of the 
flag, there shall be a circular red C, of the same color as the red 
in the national flag of the United States. The diameter of the 
letter one-sixth of the width of the flag. The inner line of the 
opening of the letter C shall be three-fourths of the width of its 
body or bar, and the outer line of the opening shall be double 
the length of the inner line thereof. Completely filling the open 
space inside the letter C shall be a golden disk ; attached to the 
flag shall be a cord of gold and silver, intertwined, with tassels 
one of gold and one of silver. All penalties provided by the laws 
of this state for the misuse of the national flag shall be applicable 
to the said state flag. — 8. L. '11, p. 611 

102 



§ 180 



FRATERNITIES 



180. Concerning secret fraternities — sororities or societies — 
and forbidding school children to join the same — -and concerning 
persons who cause or encourage children to violate this act. (1) 
It shall be unlawful for any pupil, registered as such, and attend- 
ing any high school, district, primary, or graded school which is 
partially or wholly maintained by public funds, to join, become 
a member of, any secret fraternity, sorority or society wholly or 
partially formed from the membership of pupils attending any 
such schools, or belong to or take part in the organization or 
formation of any fraternity, sorority or society, except such 
societies or association as shall be sanctioned by the boards of 
directors of the school districts wherein such schools are main- 
tained. 

(2) The boards of directors of all school districts shall en- 
force the provisions of Section 1 of this act, and shall have full 
power and authority to make, adopt, and modify all rules and reg- 
ulations which in their judgment and discretion may be necessary 
for the proper governing of such schools and enforcing all the 
provisions of Section 1 of this act. 

(3) The boards of directors of school districts shall have 
full power and authority, pursuant to the adoption of such rules 
and regulations made and adopted by them, to suspend or dis- 
miss any pupil or pupils of such schools therefrom, or to prevent 
them, or any of them, from graduating or participating in school 
honors or in organizations of any kind connected with such 
schools when, after investigation, in the judgment of such boards 
of directors, such pupil or pupils are guilty of violating any of 
the provisions of Section 1 of this act, or who are guilty of violat- 
ing any rule, rules, or regulations adopted by such boards of 
directors for the purpose of governing such schools or enforcing 
Section 1 of this act. 

(4) It is hereby declared to be unlawful for any person to 
cause, solicit, induce or encourage any pupil or pupils of such 
schools to join any such fraternity, sorority, society or associa- 

103 



E*IATERNITIES 

tion mentioned in Section 1 hereof, or to solicit any such pupil or 
pupils to attend any meeting for the purpose of what is commonly 
known as "rushing" or to induce or solicit, any such pupil or 
pupils to join any fraternity, sorority, society or organization 
organized outside of said school, except such societies or associa- 
tions as shall have been first sanctioned by the board of directors 
of the school district wherein such school is maintained. Any 
person, registered as pupil in any high school, district, primary 
or graded school, who shall violate the provisions of this act, or 
any rule or regulation of the board of directors of the school dis- 
trict wherein such school is maintained for enforcing the pro- 
visions of this act, is hereby declared to be a delinquent child and 
may be proceeded against and dealt with accordingly under the 
laws of this state concerning delinquent children. Any other 
person who shall violate any provision of this act, or advise or 
encourage any pupil to violate the same or any such regulations 
made by school authorities to carry out the provisions of this act, 
shall be deemed guilty of violating the laws of this state concern- 
ing persons who cause, encourage or contribute to the delinquen- 
cy of children and shall be proceeded against under the laws and 
be dealt with accordingly. — 8. L. '13, p. 575 



104 



§§ 181-185 



FUNDS 

181. Appropriations forbidden — unless state control. No 
appropriation shall be made for charitable, industrial, educational 
or benevolent purposes, to any person, corporation, or commun- 
ity not under the absolute control of the state, nor to any de- 
nomination or sectarian institution or association. — Sec. 34, Art. 
V, Constitution 

182. School fund inviolate — state treasurer custodian. The 

public school fund of the state shall forever remain inviolate and 
intact ; the interest thereon shall only be expended in the mainte- 
nance of the schools of the state, and shall be distributed amongst 
the several counties and school districts of the state, in such 
manner as may be prescribed by law. No part of this fund, 
principal or interest, shall ever be transferred to any other fund/ 
or used or appropriated except as herein provided. The state 
treasurer shall be the custodian of this fund, and the same shall 
be securely and profitably invested as may be by law directed. 
The state shall supply all losses thereof that may in any manner 
occur. — Sec. 3, Art. IX, Constitution 

183. School fund— of what consists. The public school fund 
of the state shall consist of the proceeds of such lands as have 
heretofore been, or may hereafter be, granted to the state by the 
general government for educational purposes ; all estates that 
may escheat to the state; also all other grants, gifts or devises 
that may be made to this state for educational purposes. — Sec. 5, 
Art. IX, Constitution 

184. Making profits on public money felony. The making of 

profit, directly or indirectly, out of state, county, city, town or 
school district money, or using the same for any purpose not 
authorized by law, by any public officer, shall be deemed a felony, 
and shall be punished as provided by law. — Sec. 13, Art. X, Con- 
stitution 

185. Lending or pledging credit forbidden. Neither the 
state, nor any county, city, town, township or school district, shall 
lend or pledge the credit or faith thereof, directly or indirectly, 
in any manner to or in aid off any person, company or corpora- 
tion, public or private, for any amount or for any purpose what- 

105 



§§ 186-188 FUNDS 

ever, or become responsible for any debt, contract or liability of 
any person, company or corporation, public or private, in or out 
of the state. — Sec. 1, Art. XI, Constitution 

186. Aid to corporations — interest in — forbidden — except. 

Neither the state nor any county, city, town, township or school 
district shall make any donation or grant to, or in aid of, or 
become a subscriber to, or shareholder in, any corporation or com- 
pany, or a joint owner with any person, company or corporation, 
public or private, in or out of the state, except as to such owner- 
ship as may accrue to the state by escheat or by forfeiture, by 
operation or provision of law ; and except as to such ownership as 
may accrue to the state, or to any county, city, town, township 
or school district, or to either or any of them, jointly with any 
person, company or corporation, by forfeiture or sale of real 
estate for non-payment of taxes, or by donation or devise for 
public use, or by purchase by or on behalf of any or either of 
"them jointly with any or either of them, under execution in cases 
of fines, penalties or forfeiture of recognizance, breach of condi- 
tion of official bond, or of bond to secure public moneys, or the 
performance of any contract in which they or any of them may 
by jointly or severally interested. — Sec. 2, Art. XI, Constitution 

187. Disposition of rentals and royalties — proviso. All 

rentals and royalties received by the State as rentals and 
royalties from stone, coal, oil, gas, gold, silver, or other min- 
eral lands belonging to the State School Fund, or any 
other of the trust funds of the State, shall be placed to the credit 
of the proper permanent fund; Provided, That the State Board 
of Land Commissioners is hereby authorized to deduct from such 
receipts not to exceed ten (10) per cent thereof for the 
purpose of paying the expenses of administering such lands ; and, 
provided further, that this act shall not apply to rentals received 
merely for the use and occupation of the surface of any such 
lands.— S. L. '17, p. 414 

Note. Operative June 16, 1917. 

GENERAL SCHOOL FUNDS 

188. General school fund for building purposes — proviso. 

It shall be illegal for any school board to appropriate or cause 
to be used any money belonging to the general school fund, for 
the purpose of building, furnishing or erecting additions to any 
school house, or for the purchase or improvement of any school 

106 



FUNDS §§ 189-193 

house, site or lot; Provided, That if any portion of the aforesaid 
school fund remains to the credit of any district after the pay- 
ment of all expenses necessary to the support of a public school 
for a period of ten months in any one year, in said district, it shall 
be lawful for the district board to use such balance for any of 
the purposes provided for in section 51 of this chapter. — B. 8. 

5898 

Note. Section 51 referred to in this section is section 134. 
Note. Public contracts, section 259. 

EMERGENCY FUND 

189. Permanent school emergency fund. There is hereby 
created a "Permanent School Emergency or Call Fund." Said 
fund shall be under the control of the state superintendent of 
public instruction as hereinafter provided. — S. L. '11, p. 142 

190. Fund to be transferred from general school income 

fund. There is hereby transferred and set over from the general 

school income fund to the "Permanent School Emergency or Call 

Fund" the sum of forty thousand dollars for the purpose of 

carrying out the provisions of this act. — S. L. '11, p. 142; 

Note. The governor approved the above section to the amount of 
twenty thousand dollars. 

191. Treasurer to be xmstodian of fund. Said "Permanent 
School Emergency or Call Fund" shall remain in the hands of 
the state treasurer and any interest earned thereon or arising 
from the investment thereof shall be credited to said fund and 
become a part thereof. — S. L. '11, p. 142 

192. Fund when used. When on account of unavoidable 
misfortune or casualty any public school district in this state is 
in financial distress and the special school tax and apportionment 
of the school funds are not sufficient to provide proper and neces- 
sary school facilities in such school district, the superintendent 
of public instruction may with the approval and consent of the 
governor and attorney general order the payment from the "Per- 
manent School Emergency or Call Fund," to such public school 
district of such an amount as may be necessary to provide neces- 
sary school facilities in said public school district. — S. L. '11, 
p. 143 

193. Payments when made. Payments shall be made from 
the "Permanent School Emergency or Call Fund" only upon the 
presentation of sufficient and satisfactory evidence that the school 

107 



fcjj 194-197 FUNDS 

district making application for relief under the provisions hereof 
is by reason of unavoidable misfortune or casualty, in financial 
distress and that the special school tax and apportionment of 
school funds are not sufficient to provide proper and necessary 
school facilities in such public school district, and that such finan- 
cial distress will continue for at least one school year unless re- 
lieved under the provisions hereof. — 8. L. '11, p. 143 

194. Amount expended in one year. The amount to be 
expended from the "Permanent School Emergency or Call Fund" 
in any one year for all purposes shall not exceed the total sum 
of twenty thousand dollars. — 8. L. '11, p. 143 

Note. The governor approved of the above to the extent of ten 
thousand dollars instead of twenty thousand dollars. 

195. Gifts — contributions. Any appropriatien hereafter 
made and any gifts or contributions to the "Permanent School 
Emergency or Call Fund" shall be subject to all the provisions 
of this act.— 8. L. '11, p. 143 

196. Vouchers approved by governor and attorney general. 

The auditor is hereby authorized to draw his warrant on the state 
treasurer in payment of any voucher issued against the "Perma- 
nent School Emergency or Call Fund," signed by the superin- 
tendent of public instruction and approved by the governor and 
attorney general. — 8. L. '11, p. 143 

Note. The attorney general holds that no moneys can be used from 
above fund for building purposes. 

197. Moneys under act congress — apportionment. That all 
moneys to which the various counties of the state of Colorado are 
now or may hereafter become entitled under the act of Congress 
of May 23, 1908, or other acts, in which counties a forest reserve, 
or any portion thereof is situated, shall at the beginning of each 
fiscal year and every six months thereafter be awarded and ap- 
portioned through the proper state officials of this state to such 
counties in proportion to the area of the forest reserve in each 
county; and such apportionment of said funds shall be deter- 
mined by the state auditor, and the state auditor is authorized 
and directed to draw warrants upon the state treasurer in favor 
of the county treasurer of each county for the amount due each 
county under the apportionment and made direct to the county 
treasurers of said counties, and in accordance with the so-called 
agricultural appropriation act of congress, approved May 23, 

108 



FUNDS §§ 198-201 

1908, and the county commissioners of said county shall direct 
the said fund to be credited as follows, to-wit: Not less than 5 
per cent, of said sum shall be expended for either roads or school 
funds in the discretion of the board of county commissioners. — 
8. L. '09, p. 35 

NORMAL INSTITUTE FUND 

198. Applicant for teacher's certificate pay fee. Each appli- 
cant for a teacher's certificate at any regular county examination, 
and each successful applicant for a renewal or endorsement of a 
certificate, or for the issue of a like grade certificate, shall pay for 
the privilege of such examination, renewal, endorsement or issue 
of like grade certificate, a fee of one dollar, which shall be col- 
lected by the county superintendent of schools and forwarded, 
with his report of each examination, to the superintendent of 
public instruction. — B. 8. 5992 

199. Fees turned into state treasury constitute normal insti- 
tute fund. All fees thus collected and remitted to the superin- 
tendent of public instruction shall be turned over to the state 
treasurer and shall constitute a state normal institute fund. — 
B. 8. 5993 

200. Apportionment of normal institute fund. At the time 
of apportioning the state school fund in July of each year the 
superintendent of public instruction shall apportion a state 
normal institute fund equally among the normal institute dis- 
tricts of the state, and the sum accredited to each normal insti- 
tute district shall be transmitted to the custodian of the normal 
institute fund thereof in the same manner as each county's ap- 
portionment of the state school fund is now transmitted to the 
county treasurer; and each district's apportionment of the state 
normal institute fund shall be applied and expended in the same 
manner and for the same purposes as the fund of each normal in- 
stitute district has heretofore been applied and expended. — B. 8. 
5892 

PENAL FUND 

201. What fines paid to school fund — accounts — collector 
failing to pay — penalty — duty of superintendent. All fines, pen- 
alties and forfeitures provided by this act may be recovered by 

109 



§ 202 FUNDS 

action of debt, in the name of the people of the state of Colorado, 
for the use of the proper school district or county, and shall, when 
they accrue, belong to the respective districts or counties in which 
the same may have been incurred; and the county treasurers, for 
their counties, are hereby authorized to receive and cause to be 
placed to the proper credit such forfeitures. Except as otherwise 
provided by law, all sums of money derived from fines imposed 
for violation of orders of injunction, mandamus and other like 
writs, or for contempt of court, shall be paid into the school fund 
of the county wherein the contempt of such violation was com- 
mitted; and the clear proceeds of all fines collected within the 
several counties of the state for breach of the penal laws, and all 
funds arising from the- sale of lost goods and estrays shall be paid 
over in cash by the person collecting the same, within twenty 
days after the collection, to the county treasurer of the county in 
which the same have accrued, and shall be by him credited to the 
general county school fund. He shall indicate in such entry the 
source from which such money was derived. Any officer or per- 
son collecting or receiving any such fines, forfeitures or other 
moneys, and refusing and [or] failing to pay over the same, as 
required by law, shall forfeit double the amount so withheld and 
interest thereon at the rate of five per cent, per month during the 
time of so withholding the same ; and it shall be a special duty to 
the county superintendent of schools to supervise and see that the 
provisions of this section are fully complied with, and report 
thereupon to the county commissioners semi-annually or oftener, 
if required by them. — R. 8. 5897 

Note. The "act" above referred to means original "school act." 
Note. County treasurer make report of fund, section 167. 
Note. Justice report fines, section 166. 

FUNDS NOT LOANED OR INVESTED 

202. Officer not convert or use funds. If any officer 
appointed or elected by virtue of the constitution of this state, or 
any law thereof, as an officer, agent or servant of an incorporated 
city, town, municipal township, school district, or county, or other 
subdivision of this state, shall convert to his own use in any way 
whatever, or shall use, by way of investment in any kind of prop- 
erty or merchandise, or shall make way with or secrete any por- 
tion of the public funds or moneys, or any valuable secureties by 
him received for safe-keeping, disbursement, transfer, or for any. 

110 



FUNDS §§ 203-205 

other purpose, or which may be in his possession, or over which 
he may have the supervision, care or control, by virtue of his 
office, agency or service, or under color or pretense thereof, every 
such officer, agent or servant shall, upon conviction, be punished 
by imprisonment not less than five years. — B. 8. 1821 

203. Officer not loan funds. No such officer, agent or 
servant shall loan out, with or without interest, any money or 
valuable security received by him, or which may be in his posses- 
sion or keeping, or care or control, by virtue of his office, agency 
or service, or under color or pretense thereof, and any such 
officer, agent or servant, so loaning such money or valuable secur- 
ity, on conviction thereof, shall be punished by imprisonment in 
the penitentiary not less than one year, or by a fine not less than 
five hundred dollars. — B. 8. 1822 

204. No benefit from deposit of funds. If any such officer, 
agent or servant shall make any contract or agreement with any 
person or persons, bodies or body corporate, or other association, 
by which such officer, agent or servant is to derive any benefit or 
advantage, directly or indirectly, from the deposit with such 
person or persons, body or bodies corporate, or other association 
of any moneys or valuable securities held by such officers, agents 
or servants, by virtue of his office, .agency or employment, such 
contract shall, as to such officer, agent or servant, be utterly null 
and void ; but the person or persons, body or bodies corporate, or 
other association, shall be liable to the county, city, town, town- 
ship or school district where funds are deposited, in an action for 
the recovery of all such benefits or advantage as would, by the 
terms of such contracts or agreement, have accrued to such of- 
ficer, agent or servant ; and payment to the officer, agent or serv- 
ant shall not protect the person or persons, body or bodies 
corporate, or other association, against an action of recovery 
brought by the county, city, town, township or school district 
•whose funds are so deposited. — B. 8. 1823 

205. Penalty. Any such officer, agent or servant who shall 
make any such contract or agreement as described in the last 
section of this act, or who shall receive any benefit or advantage, 
directly or indirectly, from the deposit of any money or valuable 
secuvitv held by him as such officer, agent or servant, or over 
whicn ne has control, care or supervision, by virtue of his office, 

111 



§§ 206-207 FUNDS 

agency or service, shall, upon conviction thereof, be punished by 
imprisonment in the penitentiary not less than one year or by fine 
not less than five hundred dollars. — R. S. 1824 

206. Permanent funds from sale of school lands — how 

invested. Permanent funds arising from the sale of the school 
lands of the state of Colorado remaining uninvested may be 
loaned out by the treasurer of the state of Colorado at the direc- 
tion of the state board of land commissioners to the state military 
board "provided the total loans so made shall at no time exceed 
the military poll-tax collected in the preceding biennial period," 
for the purpose of purchasing or acquiring lands, buildings, tene- 
ments and appurtenances, or erecting buildings, necessary for use 
as armories for the organized militia of the state of Colorado; 
such necessity for the acquiring of said lands, buildings, tene- 
ments and appurtenances or erection of buildings for use as 
armories for the organized militia of the state of Colorado shall 
be determined by the state board of land commissioners and said 
state military board. 

Said loans may be directed by said state board of land com- 
missioners in such amount or amounts, and upon such terms as to 
payment and rate of interest thereon, not exceeding five per 
centum per annum, as may be mutually determined by said board 
of land commissioners and said state military board, and shall be 
secured by mortgage or deed of trust upon said lands, buildings, 
tenements and appurtenances so acquired or erected for armories, 
which said lands, buildings, tenements and appurtenances shall 
be free and clear of liens and incumbrances, save and except the 
loans made to it out of the said permanent fund as herein pro- 
vided.— S. L. '11, p. 599 

207. Permanent fund reimbursed from military poll-tax 
fund. The permanent fund arising from the sale of school lands 
of the state of Colorado shall be reimbursed by the military 
board from the military poll-tax fund at a rate of not less than 
ten thousand dollars per annum. — 8. L. '11, p. 600 



112 



§§ 208-209 



GARNISHMENTS 



208. School districts subject to garnishment. That all 
counties, school districts and municipal corporations shall be 
subject to garnishment upon writs of attachment and execution 
in the same manner that private corporations and persons are 
now, or may hereafter be subject to garnishment under such 
writs.— 8. L. '11, p. 445 

209. Provisions apply to all salaries, wages, etc. That it is 
hereby declared that no provision of this act is contrary to public 
policy, and that the provisions of this act are meant to apply to 
all salaries, wages, credits, moneys and all choses in action, 
whether the collection of the same might be enforced by any 
action in court, by the writ of mandamus, or in any manner what- 
soever. — S. L. '11, p. 445 

Note. Held unconstitutional by Attorney General. 



113 



S§ 210-213 



HAZING 



210. Hazing unlawful. It shall be unlawful for any person 
to engage in any of these practices commonly called "Hazing" or 
in any acts of torturing, tormenting, or in any way maltreating 
a fellow inmate, employe or student. — R. 8. 1661 

211. Punishment for hazing. Any person found guilty of 
the violation of the provisions of the first section of this act shall 
be deemed guilty of a misdemeanor and shall upon conviction be 
fined not less than five nor more than fifty dollars. — R. 8. 1662 

212. Punishment for hazing- in educational institutions. 

Any officer, teacher, or student connected with any of the state 
institutions of this state who shallbe found guilty of violating the 
provisions of this act, shall, if a teacher or employe, be dismissed 
from the further service of such state institution, and if a student, 
his conviction shall work expulsion from the state institution he 
may be attending, in perpetuum. — R. 8. 1663 

213. Hazing — jurisdiction of justice of the peace. Any jus- 
tice of the peace of the county wherein any of the offenses herein 
described may be committed shall have jurisdiction of complaints 
coming within the provisions of this act. — R. 8. 1664 



114 



§§ 214-215 



HIGH SCHOOLS 



COUNTY HIGH SCHOOLS 

. 214. Counties classified. For the purposes of this act the 
several counties of this state shall be classified with reference to 
population and divided into five classes as provided by sections 
2565, 2566 and 2567 of the revised statutes of Colorado, 1908, as 
follows : 

The city and county of Denver, unless otherwise provided in 
the charter thereof, shall be first class ; El Paso, Teller and Pueblo 
counties shall be second class; Boulder, Fremont, Lake, Pitkin, 
Las Animas and Weld counties shall be third class; Adams, 
Arapahoe, Chaffee, Clear Creek, Conejos, Costilla, Delta, Douglas, 
Eagle, Garfield, Gilpin, Gunnison, Huerfano, Larimer, La Plata, 
Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, Prowers, 
Jefferson, Rio Grande, Routt, Saguache, San Miguel and San 
Juan counties shall be fourth class ; Archuleta, Baca, Bent, Chey- 
enne, Custer, Dolores, Elbert, Grand, Hinsdale, Kiowa, Kit Car- 
son, Lincoln, Montezuma, Mineral, Phillips, Rio Blanco, Sedg- 
wick, Summit, Washington and Yuma counties shall be fifth class. 
The counties of the fourth class shall be divided into two divi- 
sions, known as "A" and "B." 

The counties comprising division "A" shall be Adams, Arap- 
ahoe, Chaffee, Clear Creek, Conejos, Douglas, Garfield; Gilpin, 
Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, 
Ouray and San Miguel; and the counties comprising division "B" 
shall be Costilla, Delta, Routt, Eagle, Logan, Montrose, Morgan, 
Park, Prowers, Rio Grande, Saguache and San Juan. — 8. L. '09, 
p. 397 

215. Petition for organization — county superintendents — 
submission to voters. On the petition of fifty voters having the 
qualifications hereinafter prescribed, of any county of the second, 
third, fourth or fifth class, the county superintendent of public 
schools of such county shall give notice not less than twenty days 
before any regular meeting now or which may hereafter be pro- 

ii5 



§ 216 HIGH SCHOOLS 

vided by law, for electing members of school boards in the 
respective districts of the state, that the question of organizing 
the county into one high school district for high school purposes, 
will be submitted to the qualified voters of the respective school 
districts in the county, at such meeting. Qualified voters of a 
joint school district who may reside in any county proposing to 
organize as aforesaid, shall be entitled to vote at said meeting. — 
8. L. '09, p. 398 

Note.' For different kinds of public schools and how maintained, see 
note 1, section 2&1. 

High Schools — kinds 

Note. There are three kinds of high schools authorized by the laws 
of this state — county high schools, union high schools, and district high 
schools — and each is entirely separate and distinct from the others. While 
county and union high schools may be composed of all class districts, a 
district high school can be maintained only in a first or second class dis- 
trict, although there is no law to prevent a third class district from adding 
certain of the so-called high school branches. Section 230 provides that 
no district shall be taxed for more than one kind of high school without 
its consent. When a county high school is being organized, districts with 
a high school, or in a union high school district, may vote against the 
county high school. If a majority vote against such organization, such 
district shall be excluded from the county high school district. 

County high schools — how maintained 

Note. County high schools are maintained by their quota of the 
general school fund and from a tax levy, not to exceed four mills, made 
by the county commissioners and collected as other taxes. 

216. Election notices posted twenty days — contents. The 

county superintendent shall cause to be posted in the manner 
hereinafter prescribed, notices in each school district in the 
county, that such petition has been made and that at the next 
regular meeting for electing members of school boards, the ques- 
tion of organizing the county into one high school district for 
high school purposes, will be submitted to the qualified voters of 
the district. The secretary of each school board shall, under the 
direction of the county superintendent, cause written or printed 
notices to be posted in his district, specifying the purpose, the 
day and the place or places of such election, and the time during 
which the ballot box or boxes shall be kept open, not less, how- 
ever, than three hours. The time and place specified in such 

116 



HIGH SCHOOLS §§ 217-218 

notice shall be the same time and place at which the regular 
election of members of the school board shall be held. Said 
notices shall be posted in at least three public places in the dis- 
trict, one of which shall be the school house, if there be one, at 
least twenty days previous to the time of such election. — 8. L. '09, 
p. 398 

217. Who may vote — form of ballot — judges. Every legally 
qualified elector of his district entitled to vote for members of 
school boards, and none other, shall be entitled to vote at such 
meeting upon such question of organization. After the organiza- 
tion of the meeting for the election of members of the school 
board, the qualified electors shall proceed to vote by ballot on the 
question whether or not the proposed high school district for high 
school purposes, shall be organized. Those in favor of organiza- 
tion shall vote "For the organization," and those opposed, 
"Against the organization." The ballots upon the question of 
organization shall be deposited by the voters in a separate ballot 
box to be provided by each school district for said purpose. The 
president, secretary and treasurer of the district school board 
shall act as judges of the election and should any of the judges 
be absent at the opening of the polls, the electors present shall 
appoint a legal voter to fill the vacancy. — 8. L. '09, p. 398 

218. Canvass — certificates sent county superintendent. 
Immediately after the closing of the polls the judges shall open 
the ballot box and proceed to count the votes polled, and the 
counting thereof shall be commenced and continued until finished 
before the judges shall adjourn. As soon as all the ballots shall 
have been counted, the judges shall make out a certificate under 
their hands certifying the whole number of votes cast upon the 
question of organization and the number of votes cast for organi- 
zation and the number of votes cast against organization. Said 
certificate, together with the ballots cast upon the question, shall 
then be enclosed and sealed up under suitable cover, and directed 
to the county superintendent of the county in which such election 
is held, and the packet thus sealed shall be sent by registered 
letter, where practicable, otherwise it shall be conveyed by one 
of the judges of the election, to be determined by lot if they can- 
not agree otherwise, within three days after the closing of the 
polls.— #. L. >09, p. 399 

117 



S§ 219-220 HIGH SCHOOLS 

219. County superintendent announce result — call directors 
— elect committee. On the tenth day after the close of the elec- 
tion, or sooner if all the returns be received, the county superin- 
tendent of the county shall proceed to open the said returns and 
determine the result of the election therefrom. Said county 
superintendent shall make and permanently preserve in his office 
a record of the total number of votes cast upon the said question 
of organization, and the number of votes cast for organization 
and against organization. If it shall appear from such record 
that the majority of the votes cast on the question of organizing 
the county into one high school district for high school purposes, 
shall be in favor of such organization, the county superintendent 
of public schools of such county, shall by notification by mail and 
by publication where practicable, call a meeting of the directors 
of the respective districts of said county, which meeting shall be 
held at the office of said county superintendent not later than 
thirty days after the election herein provided for. Such meeting 
shall be organized by the election of a temporary chairman and 
secretary, and the directors present shall then proceed to elect by 
ballot from among the members of said boards of directors, four 
persons, who with the county superintendent of public schools as 
an ex officio member, shall be known as the high school committee. 
No two members of any board of directors shall at the same time 
be members of the high school committee, except in counties 
where there are less than four districts. Immediately after its 
election as aforesaid, the committee shall select from its members 
a president and a treasurer. The county superintendent of schools 
shall be ex officio the secretary of the committee. — 8. L. '09, p. 399 

220. Term of members of high school committee — vacancy — 
how filled. The term of office of each member of the high school 
committee shall expire simultaneously with the expiration of his 
term of office as a director of the school district wherein he 
resides, and the vacancy thus created shall be filled by the direct- 
ors of the various school districts of the county, at a meeting held 
at the office of the county superintendent not later than thirty 
days after the occurrence of the vacancy. The secretary of the 
committee shall give each director at least ten days' notice by 
mail of the holding of such meeting. All vacancies caused in any 
other manner than by expiration of term of office shall be filled 
by appointment by the cou%ity superintendent of public schools. — 
8. L. '09, p. 400 

118 



HIGH SCHOOLS §§ 221-224 

221. Meetings of committee — regular — special. The regular 
meetings of the high school committee shall be held on the first 
Saturday of March, June, September and December in each year, 
and special meetings may be held upon call of the president or 
secretary of the committee or upon request of any two members 
thereof.— #. L. '09, p. 400 

222. High school district a body corporate. Each regularly 
organized high school district heretofore formed, or that may be 
formed, as provided in this act, is hereby declared to be a body 

corporate, by the name and style of " county 

high school district in the state of Colorado," and in that name 
may hold property and be a party to suits and contracts, the same 
as municipal corporations in this state. — 8. L. '09, p. 400 

223. May hold real estate. It shall be lawful for any high 
school district in this state to take and hold, under the provisions 
of any law now or hereafter in force providing for the exercise 
of the right of eminent domain, so much real estate as may be 
necessary for the location and construction of a high school build- 
ing or buildings and convenient use of the high school. — 8. L. '09, 
p. 401 

224. Powers and duties of committee. Every high school 
committee, unless otherwise provided by law, shall have the 
power, and it shall be their duty: 

First — To employ or discharge teachers, mechanics and 
laborers, to fix and order paid their wages, and to determine the 
rate of tuition for non-resident pupils. 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
kind of text books to be used ; Provided, That but one kind of text 
book of the same grade or branch of study shall be used in the 
same department of a high school, and that after the adoption of 
any book, it shall not be changed in less than four years, unless 
the price thereof shall be unwarrantably advanced, or the 
mechanical quality lowered, or the supply stopped. 

Third— To provide for school furniture, and for everything 
needed in the high school building, or for the use of the high 
school committee. 

Fourth — To rent, repair and insure high school buildings. 

119 



§ 225 HIGH SCHOOLS 

Fifth — To build or remove high school buildings,, and to pur- 
chase or sell school lots when directed by a vote of the high school 
district so to do. 

Sixth— To hold in trust for their high school district all real 
or personal property for the benefit of the high school thereof. 

Seventh — To suspend or expel pupils from the high school 
who refuse to obey the rules thereof. 

Eighth — To determine the number of teachers that shall be 
employed and the length of time in each year during which the 
high school shall be kept, and to fix the time for the opening or 
closing of the high school. 

Ninth — To provide books for indigent children on the written 
statement of the teachers that the parents of such children are not 
able to purchase them, and to furnish free text books for the use 
of all pupils, when authorized to do so by a majority vote of the 
high school district, as expressed at any regular or special meet- 
ing. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in the high 
school. 

Eleventh — To exclude from the high school and its libraries 
all books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form and on the blanks pre- 
scribed and furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the state superin- 
tendent whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resident in one high school dis- 
trict desires to attend the high school in another high school 
district, such pupil shall be permitted to do so; Provided, That 
the high school committee may refuse to admit pupils from other 
high school districts upon the ground of insufficient room. — 8. L. 
'09, p. 401 

225. Powers and duties of president. The president, when 
present, shall preside at all meetings of the high school committee 

120 



HIGH SCHOOLS §§ 226-228 

and of the high school district ; shall sign all orders on the county 
treasurer for the payment of money ; Provided, however, That no 
orders shall be drawn upon the county treasurer except in favor 
of parties to whom the high school district has become lawfully 
indebted. He shall appear in behalf of his high school district in 
all suits brought by or against the same, but when he is individu- 
ally interested this duty shall be performed by the secretary, and 
in the absence of the president the secretary shall preside at the 
committee and district meetings. — 8. L. -09, p. 402 

226. Powers and duties of secretary. The secretary shall 
keep an accurate account of the expenses incurred by the high 
school district, and shall present the same to the committee when- 
ever called upon. He shall give the required notice of all regular 
and special meetings as herein authorized. He shall keep the 
same records and make the same reports as are now or may here- 
after be required by law to be kept and made by secretaries of 
public school districts. — 8. L. '09, p. 402 

227. Powers and duties of treasurer. The treasurer shall 
countersign all warrants drawn by the president and secretary 
on the county treasurer, in favor of parties to whom the high 
school district has become lawfully indebted, and keep an account 
of the same. He shall take charge of all moneys received by him 
on account of the high school district from the county treasurer, 
as now provided by law, and pay out the same as by law pro- 
vided. He shall render a statement of the finances of the district, 
as shown by the records of his office, at the close of each school 
year and at any other time when required by the committee. The 
treasurer shall perform such additional and be subjected to such 
additional obligations as are now or may hereafter be imposed 
by law upon the treasurers of public school districts. — 8. L. '09, 
p. 403 

228. Powers and duties same, directors first and second 
classes. Each high school district heretofore formed or that may 
be formed, as provided in this act, shall exercise all the powers 
and perform all the duties that are at the time of the adoption 
of this act accorded to and required of directors of first and 
second class districts throughout the state; Provided, That the 
amount of tax certified to the county commissioners for the main- 
tenance of the high school in any high school district, shall in no 

121 



§§ 229-230 " HIGH SCHOOLS 

case exceed four mills ou the dollar, of the assessed valuation of 
the high school district— £. L. '09, p. 403 

229. Tax levied by county commissioners — collected and 
paid out by county treasurer on warrant president and secretary. 

The county commissioners of any county wherein is a high school 
district heretofore organized according to law, or where any high 
school district is organized under the provisions of this act, or 
heretofore organized as a union high school at any count seat, 
under section 5956 of the Revised Statutes of Colorado of 1908, 
shall levy annually, at the time of levying taxes for other pur- 
poses, a high school tax on all the taxable property of the county, 
said tax not to exceed four mills on the dollar of the assessed 
valuation. The high school tax shall be assessed and collected 
in the same manner as other taxes are assessed and collected and 
shall be paid out by the county treasurer on warrant drawn by 
the president and secretary of the high school committee and 
countersigned by the treasurer thereof. — 8. L. '09, p. 403 

(Held unconstitutional, Belier v. Wilson, 59 C. 96). 

230. High school districts subject to provisions of this act. 
All high school districts organized and now existing under the 
provisions of chapter 100 of the Session Laws of Colorado, 1899, 
being "An act to provide for the establishment and support of 
high schools in counties of the fourth and fifth classes," approved 
April 8th, 1899, or under chapter 219 of the Session Laws of 
Colorado, 1907, being "An act to amend an act entitled an act to 
provide for the establishment and support of high schools in 
counties of the fourth and fifth classes," approved April 9th, 
1907, are hereby declared to be duly organized high school dis- 
tricts under the provisions of this act, and entitled to enjoy all 
the privileges and exercise all the powers conferred by this act, 
and shall hereafter be subject to the provisions of this- act ; Pro- 
vided, That no school district in any county shall be taxed with- 
out its consent for the support of more than one class or kind of 
high school, the establishment of which is authorized by law ; and 
in voting on the organization of a county high school district 
under the provisions of this act, any school district then maintain- 
ing a high school or any school districts then organized into a 
union high school district and maintaining therein a union high 
school may by voting against the organization of a county high 
school district be excluded from such county high school district : 
but if any school district maintaining a high school or districts 

122 



HIGH SCHOOLS § 231 

maintaining a union high school shall, under the provisions of this 
section, vote against the organization of a county high school 
district, the ballots Cast in such district or districts shall be con- 
sidered only upon the question of exclusion and shall not be con- 
sidered in determining the final result upon the question of 
organizing a county high school district. And providing, further, 
That any school district maintaining a high school, or any dis- 
tricts organized into a union high school district and maintaining 
therein a union high school, may abandon such high school organ- 
ization and organize under the provisions of this act. — S. L. '09, 
p. 407 

UNION HIGH SCHOOLS 

231. Union high school — how established. Whenever the 
school boards of two or more contiguous school districts shall 
each deem it advisable to establish a union high school, the county 
superintendent shall, at the request of two of the secretaries of 
the boards, call a meeting of the boards interested by giving per- 
sonal notice to each member, which meeting shall elect by ballot 
from among the members of said boards, if a majority of the 
members of each board are present, a committee of three, to be 
known as the high school committee of such union school. The 
county superintendent shall be, ex officio, an additional member 
of said committee, and shall preside at the meetings thereof. 
There shall be elected a secretary of such committee, and if need 
be a treasurer. In any case in which the county seat of any 
county shall be all included in one school district the board of 
such school district shall have the same powers of establishing 
and organizing a high school as are hereby given to the boards of 
two or more contiguous school districts, and in such case the high 
school committee shall be the board of such school district, or 
such three members as they may select. High schools formed 
under the provisious of this section shall be open to children from 
all districts of the county in which they are so formed, provided, 
such children are qualified, as hereinafter provided. — R. 8. 5956 

The Board of County Commissioners of any county where a 
Union High School has been organized at any county seat by the 
Board of the school district at such county seat, under Section 
5956 of the Revised Statutes of Colorado of 1908, shall not levy a 
levy on the taxable property of such county outside of the High 
School district at such county seat, for the support of any such 

123 



§ 232 HIGH SCHOOLS 

High School, and such High School shall not be open to children 
from districts of the county outside of such High School district 
at such county seat, except upon payment of such tuition as is 
or may be provided by law. 

Nothing herein, however, shall be held to prevent the levying 
of a tax upon the taxable property of the district where such 
High School is located, for the support thereof; nor to prevent 
the levying of a tax for the support of a High School organized 
in any other manner provided by law. — S. L. '15, p. 412. 

Note. Union high schools in counties of fourth and fifth classes, 
section 238, et seq. 

Note. For different kinds of public schools see note 1, section 281 
herein. 

Union high schools — kinds 

Note. The union high schools authorized by the laws of this state 
may be conveniently classified under three general headings, according 
to the method provided for maintaining them: 

1. Those organized under section 231 herein from two or more con- 
tiguous districts of any class in any class counties, which are maintained 
by their quota from the general fund; and a deficit, if any, is made up 
from the several district funds, in proportion to the number of pupils 
attending from each. 

2. Those organized under section 231 herein at any county seat, 
where the entire town or city is included in one district, which are main- 
tained by their quota from the general fund and from a tax, not to exceed 
four mills, levied by the county commissioners, but such tax levy shall 
not include expenses of the district incurred by attendance of pupils 
from outside the district but within the county. 

3. Those organized under section 238 herein in counties of the fourth 
and fifth classes of districts lying adjacent to incorporated towns or cities, 
and of districts afterward added thereto, which are maintained by a tax, 
of not less than one nor more than three mills, levied by the county com- 
missioners—the school building to be furnished by the incorporated town 
or city. 

232. High school committee — term — vacancies. The mem- 
bers of said high school, committee shall hold the office for and 
during the term they are members of their respective boards. 
Any vacancies in said committee, other than such as are caused 
by the expiration of the term of office, shall be filed by the school 
board of which the person so vacating was a member. The secre- 
tary shall be elected annually, and may receive such compensation 
as the committee shall deem proper to allow. — R. 8. 5961 

Note. Committee on high schools in counties of fourth and fifth 
classes, section 242. 

124 



HIGH SCHOOLS §§ 233-236 

233. High school committees — meetings. The regular meet- 
ings of the high school committee shall be held on the first Satur- 
day of March, June, September and December of each year, and 
special meetings may be held at any time upon the call of the 
county superintendent, or of two members of the committee. — 
B. 8. 5963 

234. Powers of committee. Said committee shall exercise 
all the powers and perform all the duties, with reference to said 
high school, that are accorded to and required of school boards 
throughout the state, as provided in section fifty of this act, and 
shall have power to establish and prescribe the qualifications and 
manner of examination for admittance to the high school. — B. 8. 
5964 

Note. Section 50 above referred to is section 134 herein. 

235. How maintained — proportion of school funds — deficit. 

After the first establishment of such a high school, it shall be 
maintained until the then next regular apportionment of the 
county school fund, as follows: Each district which shall have 
any children attending such high school shall draw from its school 
fund, and cause to be placed to the credit of [the] high school 
fund, such part of the whole expenses as shall be proportioned to 
the number of pupils attendant at such high school from such 
district, provided, it is with the approval of the directors of said 
district. After the first year, or part of a year, so as above pro- 
vided for, the said high school shall, so far as practicable, be 
rated as a separate district . It shall be entitled to draw from 
the general, state and county funds its quota for attendance, as 
provided by section seventy-two of this act, and the deficit shall 
be made up from the several district funds in proportion to [the] 
number of pupils from each district who attended said high school 
during the then past year. — B. S. 5966 

Note. Section 72 referred to in this section is section 107. 

Note. For different kinds of union high schools and how maintained, 
see note 1, section 231. 

Note. For different kinds of public schools and how maintained, see 
note 1, section 281. 

236. Forty weeks annually— who may be admitted. The 

high school may be maintained during forty weeks in each year, 
and shall be free to all children in the county who are qualified 
for admission, according to the requirements prescribed by the 

125 



§§ 237-241 HIGH SCHOOLS 

committee, and all children in the county who are so qualified, 
and who can pass the examination prescribed by the committee 
shall be entitled as of right to attend said high school. — R. S. 5969 
Note: See section 231 for modification of this section. 

237. Every district contributing have voice in election. 
Every district in the county which contributes to the support and 
patronage of said high school shall, by its board of directors, be 
entitled to a voice in the election of members of the committee. 
—R. 8. 5971 

UNION HIGH SCHOOLS IN COUNTIES OF FOURTH AND FIFTH 

CLASSES 

238. Organization. In all counties of the fourth and fifth 
classes, all school districts lying adjacent to an incorporated town 
or city may be organized into a union high school district. — 
R, S. 5972 

239. How supported — annual levy — building. The county 
commissioners of each of said counties are required to levy a tax 
of not less than one or more than three mills upon all taxable 
property in such high school districts when the same shall have 
been organized, for the support of such school. Such levy shall 
be made annually after the organization of the said district shall 
have been made, at the same time that other taxes are levied. 

It shall be the duty of the school district in which such school 
or incorporated town is incorporated to provide, at its own ex- 
pense, a suitable building for the use of such union high school. 
— R. 8. 5973 

Note. For different kinds of union high schools and how maintained, 
see note 1, section 231. For different kinds of public schools and how 
maintained, see note 1, section 281. 

240. Addition — outlying district. Any outlying school dis- 
trict not continguous to such city or incorporated town may, by a 
majority vote of the duly qualified electors of such district, be 
added to any such union high school district within the county ; 
and where it is more convenient for the pupil of any school dis- 
trict to attend school in a union high school of another county, 
such district may be attached, by such vote, to the union high 
school district of an adjacent county. — R. 8. 5974 

241. No conflict. The organization of these union high 
school districts shall not affect the organization nor the levy of 
the regularly organized districts. — R. 8. 5975 

126 



HIGH SCHOOLS §§ 242-244 

242. School board — how constituted — election. The county 
superintendent shall, on or before the first day of May, 1903, ap- 
point one member from each of the adjoining or outlying districts 
composing such union high school districts who shall, together 
with the members of the regularly organized district in which the 
building is located, constitute the school board of such union high 
school district. Each following year the members of the school 
board shall be elected at the regular annual meeting of the several 
districts.— R. 8. 5976 

243. Qualifications to enter — course of study. The qualifi- 
cations necessary to enter such union high school shall be a 
diploma from the county superintendent upon completion of the 
eighth grade work, or a certificate issued upon grades in lieu of 
the eighth grade work. The county superintendents of the several 
counties shall, at their first annual state meeting, appoint a com- 
mittee of five, who shall formulate a course of study for such 
union high schools, such course to be uniform in all the grades. — 
R. S. 5977 

DISTRICT HIGH SCHOOLS. 

244. Board in first or second class districts may establish 
high school. The school board of districts of the first and second 
classes shall have the power to establish a separate high school 
whenever they shall deem it expedient or necessary and shall 
have power to determine the qualifications for admission to such 
school, and shall exercise all the powers with reference to such 
high school which are accorded to them in relation to the schools 
of lower grade; Provided, That no school board shall build or 
lease any building especially for such high school, unless author- 
ized to do so by a vote of the district, as provided in section 
sixty-two of this act. — R. S. 5926 

Note. Section 62 above referred to is section 164. 

Note. For different kinds of high schools, see note 2, section 215. 
For different kinds of public schools and how maintained, see note 1, sec- 
tion 281. 



127 



§§ 245-247 



HOLIDAYS AND SCHOOL YEAR 



245. School year — month — week — day — national holidays. 

The school year shall begin on the first day of July and end on 
the thirtieth day of June. A school month shall be four weeks, 
a school week five days, and a school day shall not exceed six 
hours, excluding the time of intermission at noon. The term 
"national holiday," in this chapter, shall be construed to mean 
Thanksgiving day, Christmas day, New Year's day, Washington's 
birthday, Decoration day, Labor day and fche fourth day of July. 
— R. 8. 6013 

Holidays and semi-holidays 

Note. In addition to above holidays, the general election day, in 
November; Colorado day, first day of August; Columbus day, twelfth day 
of October, and Lincoln's birthday, although not specifically made a holi- 
day as to schools, are considered holidays so far as our public schools are 
concerned. Arbor day, the third Friday in April; Flag day, in June (pro- 
claimed by the governor), and G-ood Roads day, the second Friday in 
May, are designated as semi-holidays, to be observed by special exercises. 

ARBOR DAY 

246. Arbor day — third Friday in April — how to be observed. 

The third Friday in April of each year shall be set apart and 
known as "Arbor Day," to be observed by the people of this state 
in the planting of forest trees for the benefit and adornment of 
public and private grounds, places and ways, and in such other 
efforts and undertakings as shall be in harmony with the general 
character of the day so established; Provided, That the actual 
planting of trees may be done on the day designated, or at such 
other most convenient time as may best conform to local climatic 
conditions, such other time to be designated and due notice 
thereof given by the several county superintendents of schools 
f ob their respective counties. — B. 8. 2942 

247. Holiday in schools — how observed. The day, as above 
designated, shall be a holiday in all public schools of the state, 
and school officers and teachers are required to have the schools 

128 



HOLIDAYS AND SCHOOL YEAR §§ 248-251 

under their respective charge observe the day by planting of trees 
or other appropriate exercises. — B. 8. 2943 

248. Governor issue proclamation — superintendent of public 
instruction — county superintendents — report. Annually, at the 
proper season, the governor shall issue a proclamation, calling the 
attention of the people to the provisions of this act and recom- 
mending and enjoining its due observance. The superintendent 
of public instruction and the respective county superintendents of 
schools, shall also promote, by all proper means, the observance 
of the day, and the said county superintendents of schools shall 
make annual reports to the state forest commissioner of the action 
taken in this behalf in their respective counties. — B. 8. 2944 

COLORADO DAY 

249. Colorado day — first day in August — commemoration of 
admission of state — public holiday. That the first day of August 
of the year 1907, and the first day of August of each and every 
year hereafter is hereby made a public holiday to be known as 
' ' Colorado Day, ' ' and such day is hereby set apart for a proper 
celebration by our people in commemoration of the admission of 
the state of Colorado into the union.— B. 8. 2945 

250. When first day falls on Sunday — Monday following to 
be celebrated. That whenever the first day of August falls upon 
Sunday the following Monday is hereby designated as the day for 
celebrating such event. 

Provided, That this act shall not be construed to affect the 
making or execution of agreements or instruments in writing, or 
to interfere with judicial proceedings. — B. 8. 2946 

COLUMBUS DAY 

251. Columbus day — twelfth day of October — legal holiday. 

The 12th day of October of the present year of our Lord, 1907, 
and the 12th day of October of each year thereafter is hereby 
declared a public holiday, to be known as ''Columbus Day," and 
the ( same shall be recognized, classed and treated as other legal 
holidays under the laws of this state; Provided, That this act 
shall not be construed to affect commercial paper, the making 
or execution of agreements or instruments in writing, or interfere 
with judicial proceedings. — B. 8. 2948 

129 



§§ 252-255 HOLIDAYS AND SCHOOL, YEAR 

ELECTION DAY 

252. Election day in November. Election day in November 
of each year is hereby made a legal holiday. — R. 8. 2949 

GOOD ROADS DAY 

253. Second Friday in May — holiday. That the second 
Friday in May of each year shall be set apart and known as Good 
Roads Day, to be observed by the people of this state in the dis- 
cussion of public highways and in the construction and repair 
of the same, for the benefit and advancement of good roads in 
the state of Colorado, and in such further effort and under- 
takings as shall be in harmony with the general character of the 
day so established — 8. L. '11, p. 446 

254. Public schools observe. In all public schools of the 
state, school officers and teachers are required to have the schools 
in their respective charge observe the day by teaching and edu- 
cating the children of the schools with respect to the benefits of 
good roads. — S. L. '11, p. 447 

255. Proclamation of governor. Annually at the proper 
season, the governor shall issue a proclamation calling the atten- 
tion of the people to the provisions of this act and recommending 
and enjoining its due observance. The state superintendent of 
public instruction and the respective county superintendents of 
schools shall also promote by all proper means the observance of 
the day, and the county superintendents of schools shall make 
annual reports to the state highway commissioner of the action in 
this behalf in their respective counties. — 8. L. '11, p. 447 



130 



256 



INTEREST 



256. Rate of interest on school orders and school warrants. 

County orders and warrants, town and city and school orders and 
warrants and other like evidences or certificates of municipal 
indebtedness shall bear interest at the rate of six per centum per 
annum from the date of presentation thereof for payment at the 
treasury where the same may be payable, until there is money 
in the treasury for the payment thereof, except when otherwise 
specially provided by law, and every county treasurer, town 
treasurer and city treasurer to whom any such county, town, city 
or school order or warrant is presented for payment, and who 
shall not have on hand the funds to pay the same, shall endorse 
thereon the rate of interest said order or warrant will draw, and 
the date of such presentation, and subscribe such endorsement 
with his official signature; Provided, That all such orders and 
warrants may be made to bear a lower rate of interest than above 
specified, by special agreement between such counties, towns and 
cities issuing the same, and the person to whom such orders or 
warrants are issued. — R. S. 3164 



131 



§ 257 



KINDERGARTENS 



257. Free kindergartens may be established — cost. The 

school board of any school district in the state shall have power 
to establish and maintain free kindergartens in connection with 
the public school of said district, for the instruction of children 
between three and six years of age, residing in said district, and 
shall establish such courses of training, study and discipline, and 
such rules and regulations governing such preparatory or kinder- 
garten schools as said board may deem best; Provided, That 
nothing in this act shall be construed to change the law relating 
to the taking of the census of the school population, or the appor- 
tionment of state and county school funds among the several 
counties and districts in this state; Provided, further, That the 
cost of establishing and maintaining such kindergartens shall be 
paid from the special school fund of said district, and the said 
kindergartens shall be a part of the public school system and 
governed as far as practicable in the same manner and by the 
same officers as is now, or hereafter may be, provided by law for 
the government of the other public schools of the state ; Provided, 
further, That teachers of kindergarten schools shall have a 
diploma from some reputable kindergarten teachers' institute, or 
pass such examination on kindergarten work as the kindergarten 
department of the state normal school may direct. — R. 8. 5927 



132 



§ 258 



NORMAL INSTITUTES 



253. Normal institutes — time and place — how determined. 

For the purpose of organizing and maintaining teachers' normal 
institutes, the state shall be divided into the following institute 
districts, viz.: The counties of Sedgwick, Phillips, Logan, Yuma, 
Washington and Morgan to constitute normal district No. one. 
The counties of Weld, Larimer and Boulder to constitute normal 
district No. two. The county of Arapahoe to constitute normal 
district No. three. The counties of Gilpin, Clear Creek and Jef- 
ferson to constitute normal district No. four. The counties of 
Douglas, Elbert and El Paso to constitute normal district No. five. 
The counties of Kit Carson, Lincoln and Cheyenne to consti- 
tute normal district No. six. The counties of Fremont, Custer 
and Pueblo to constitute normal district No. seven. The counties 
of Kiowa, Otero, Bent, Prowers and Baca to constitute normal 
district No. eight. The counties of Huerfano and Las Animas to 
constitute normal district No. nine. The counties of Saguache, 
Costilla, Conejos and Rio Grande to constitute normal district 
No. ten. The counties of La Plata, Montezuma, Archuleta, 
Dolores and San Juan to constitute normal district No. eleven. 
The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, Mont- 
rose and Gunnison to constitute normal district No. twelve. The 
counties of Chaffee, Lake, Park, Pitkin, Eagle, Summit, Garfield, 
Routt, Rio Blanco and Grand to constitute normal district No. 
thirteen. Provided, That new counties formed within the limits 
of any institute district shall be a part of said district. A normal 
institute for the instruction of teachers and those desiring to 
teach may be held annually for a term of not less than two weeks 
in each normal district of the state. The county superintendents 
of each institute district shall annually select not more than three 
of their number as an executive committee, who, with the advice 
and consent of the superintendent of public instruction and the 
president of the state normal school, shall determine the time 
and place of holding such normal institute, and shall select a con- 
ductor and instructor for the same. To defray the expenses of 

133 



§ 258 NORMAL INSTITUTES 

said institute the executive committee shall require the payment 
of one dollar registration fee for each person attending the normal 
institute, and each county superintendent is hereby authorized 
to add five per cent, to the averaging standing in examination 
of teachers who shall attend the normal institute from his county. 
When a normal institute of not less than two weeks is held in 
any institute district of the state the executive committee in 
charge shall certify to the boards of county commissioners of the 
several counties within the district the number and names of the 
persons attending said institute from their respective counties, 
and it shall be the duty of the board of county commissioners of 
the county where such persons belong to appropriate the sum of 
two dollars for each person so certified. The funds arising from 
registration fees and appropriations of county commissioners shall 
be designated the "normal institute fund," and some county 
treasurer, whom a majority of the county superintendents of the 
district shall designate, shall be the custodian of said fund. The 
executive committee shall, at the close of each institute, transmit 
to said custodian all funds received by it, as provided in this sec- 
tion, together with the name of each person paying a registration 
fee. The executive committee shall also report to the several 
boards of county commissioners in the district, the name and 
address of the custodian of the "normal institute fund." On the 
receipt of such notice the several boards of county commissioners 
shall issue warrants for the appropriations provided in this 
section, payable to said custodian. It shall be the duty of the 
superintendent of public instruction, annually, when the execu- 
tive committee of any normal institute district shall certify that 
not less than twenty persons have paid the registration fee, and 
have received instructions during the session of the institute, 
to certify the same to the auditor of state, who shall forward to 
the custodian of the "normal institute fund" of such district a 
warrant on the state treasurer for the sum of fifty dollars, to be 
paid out of any money appropriated for that purpose. All dis- 
bursements of the "normal institute fund" shall be upon the 
order of the executive committee, and no order shall be drawn on 
said fund except for claims approved by said committee for serv- 
ices rendered and expenses incurred in connection with the 
normal institute. It shall be unlawful to pay any one from the 
institute fund for services as conductor or instructor for such in- 
stitute, who does not hold a certificate or qualifications for such 

134 



NORMAL INSTITUTES § 258 

work, issued by the state board of education, upon the recom- 
mendation of the state board of examiners; Provided, That a 
member of the state normal school faculty shall be ex officio a 
conductor of normal institutes. — B. S. 5996 

Note. Mineral county made a part of normal institute district No. 10 
(R. S. 5997); Teller county made a part of the fifth normal institute 
district (R. S. 5998); Arapahoe and Adams counties, with the city and 
county of Denver, constitute normal institute district No. 3 (R. S. 132 and 
5999) ; Jackson county attached to the second normal institute district 
(S. L. '09, p. 436) ; Crowley county made a part of the eighth normal 
district (S. L. '11, p. 222). 



135 



§§ 259-2G1 



PUBLIC CONTRACTS 



259. Officer not interested in contract. Whenever any 
officer of this state or of any county, city, town or school district 
therein, shall be charged with the duty of making any contract 
for or on behalf of this state, or of any county, city, town or 
school district therein shall be obliged to pay any sum of money 
to any person whomsoever, and whenever any such officer, as a 
member of any board of auditors, commissioners or directors, or 
otherwise, shall have any vote or voice in awarding any such 
contract, it shall not be lawful for any such officer to become in 
any manner bound for the fulfillment of such contract, or to take 
or receive any part or portion of the money specified in such 
contract, or to be in any way, manner or degree, interested in 
such contract, excepting in his official representative capacity. — 
R. S. 4994 

260. Penalty. Whosoever shall offend against the provisions 
of this act shall be imprisoned not exceeding six months, and fined 
not exceeding $2,000, and shall be removed from office. — R. S. 
4995 

261. Officers dealing 1 in warrants. It shall be unlawful for 
any county, city, town or school district officer in this state to 
buy, purchase, trade in or acquire, either directly or indirectly, 
any county, city, town or school district warrant or any other 
evidences of county, city, town or school district indebtedness of 
the county of which he is such officer at the time. Any viola- 
tion of the provisions of this act shall be adjudged a misdemeanor 
and punished in the discretion of the court by a fine not exceeding 
five hundred dollars, or imprisonment in the county jail for a 
period of not more than thirty days. — R. S. 1820 

Note. See "Funds," section 181 et seq. 



136 



§§ 262-265 



PUBLIC LANDS 



262. Lands for schools. The sections numbered sixteen and 
thirty-six in every township, and where such sections have been 
sold or otherwise disposed of by any act of congress, other lands 
equivalent thereto in legal subdivisions of not more than one 
quarter-section, and as contiguous as may be, are hereby granted 
to said state for the support of common schools. — Sec. 7, Enabling 
Act. 

263. Seventy-two sections for university. That, seventy-two 
other sections of land shall be set apart and reserved for the use 
and support of a state university, to be selected and approved in 
manner as aforesaid, and to be appropriated and applied as the 
legislature of said state may prescribe for the purpose named and 
for no other purpose. — Sec. 10, Enabling Act. 

264. School lands — how sold — price. That the two sections 
of land in each township herein granted for the support of com- 
mon schools, shall be disposed of only at public sale, and at a 
price not less than two dollars and fifty cents per acre, the pro- 
ceeds to constitute a permanent school fund, the interest of which 
is to be expended in the support of common schools. — Sec. 14, 
Enabling Act. 

265. Mineral lands excepted. That all mineral lands shall be 
excepted from the operation and grants of this act. — Sec. 15, 
Enabling Act. 

Indemnity lands 

Note. This section should be construed in connection with section 
262, supra, in that if sections 16 or 36 in any township are mineral in char- 
acter, other sections are selected by the state in lieu thereof, and when 
any lands are selected in lieu of sections 16 or 36, or portions thereof, 
such selected land is known as "Indemnity Land." 



137 



§8 266-268 



PUBLIC OFFICERS 



266. Term may not be extended — nor salary increased. Ex- 
cept as otherwise provided in this constitution, no law shall 
extend the term of any public officer, or increase or diminish 
his salary or emoluments after his election or appointment; pro- 
vided, that on and after the first day of March, A. D. 1881, the 
salaries of the following designated public officers, including 
those thereof who may then be incumbents of such offices, shall 
be as herein provided, viz. : 

The governor shall receive an annual salary of five thousand 
dollars, and the further sum of fifteen hundred dollars for the 
payment of a private secretarj^. 

The judges of the supreme courts shall each receive an an- 
nual salary of five thousand dollars. 

The judges of the district courts shall each receive an an- 
nual salary of four thousand dollars. — Sec. 30, Art. V, Consti- 
tution 

Note. See Sec. 305. 

267. When office expires — suspensions. Every person hold- 
ing any civil office under the state, or any municipality therein, 
shall, unless removed according to law, exercise the duties of 
such office until his successor is duly qualified ; but this shall not 
apply to members of the general assembly, nor to members of 
any board or assembly, two or more of whom are elected at the 
same time ; the general assembly may by law provide for sus- 
pending any officer in his functions, pending impeachment or 
prosecution for misconduct in office. — Sec. 1, Art. XTI, Constitu- 
tion 

268. Defaulting collector disqualified from office. No person 
who is now or hereafter may become a collector or receiver of 
public money, or the deputy or assistant of such collector or re- 
ceiver, and who shall have become a defaulter in his office, shall 
be eligible to or assume the duties of any office of trust or profit 
in this state under the laws thereof, or of any municipality 
therein, until he shall have accounted for and paid over all public 
money for which he may be accountable. — Sec. 3, Art. XII 

138 



PUBLIC OFFICERS §§ 269-274 

269. Embezzlement disqualifies from office. No person here- 
after convicted of embezzlement of public moneys, bribery, per- 
jury, solicitation of bribery, or subornation of perjury, shall be 
eligible to the general assembly, or capable of holding any office 
of trust or profit in this state. — Sec. 4, Art. XII, Constitution 

270. Civil officers — oath. Every civil officer, excepi members 
of the general assembly and such inferior officers as may be by 
law exempted, shall, before he enters upon the duties of his 
office, take and subscribe an oath or affirmation to support the 
constitution of the United States and of the state of Colorado, and 
to faithfully perform the duties of the office upon which he is 
about to enter. — Sec. 8, Art. XII, Constitution 

271. Oaths, where filed — with whom. Officers of the execu- 
tive department and judges of the supreme and district courts, 
and district attorneys, shall file their oaths of office with the 
secretary of state; every other officer shall file his oath of office 
with the county clerk of the county wherein he shall have been 
elected. — See. 9, Art. XII, Constitution 

272. Refusal to qualify — vacancy. If any person elected or 
appointed to any office shall refuse or neglect to qualify therein 
within the time prescribed by law, such office shall be deemed 
vacant. — Sec. 10, Art. XII, Constitution 

273. Vacancy — term of officer elected to fill. The term of 
office of any officer elected to fill a vacancy shall terminate at the 
expiration of the term during which the vacancy occurred. — 
Sec. 11, Art. XII, Constitution 

274. Duel — challenge— disqualifies for office. No person who 
shall hereafter fight a duel, or assist in the same as a second, or 
send, accept or knowingly carry a challenge therefor, or agree 
to go out of the state to fight a duel, shall hold any office in 
the state. — Sec. 12, Art. XII, Constitution 



139 



§§ 275-276 



PUBLIC SCHOOLS 



STATE INSTITUTIONS 

275. Charitable institutions established. Educational, re- 
formatory and penal institutions, and those for the benefit of the 
insane, blind, deaf and mute, and such other institutions as the 
public good may require, shall be established and supported by 
the state, in such manner as may be prescribed by law. — Sec. 1, 
Art. VIII, Constitution 

276. State institutions — properties and moneys — location. 

The following educational institutions, to-wit : The University at 
Boulder, the Agricultural College at Fort Collins, the School of 
Mines at Golden, and the Institute for the Education of Mutes 
(which shall hereafter be known as Colorado School for Deaf and 
Blind), at Colorado Springs, are hereby declared to be institu- 
tions of the state of Colorado, and the management thereof sub- 
ject to the control of the state, under the provisions of the con- 
stitution, and such laws and regulations as the general assembly 
may provide, and the location of said institutions, as well as all 
gifts, grants and appropriations of money and property, real and 
personal, heretofore made to said several institutions, are hereby 
confirmed to the use and benefit of the same respectively; Pro- 
vided, This section shall not apply to any institution, the prop- 
erty, real or personal, of which is now vested in the trustees, 
thereof, until such property be transferred by proper conveyance, 
together with the control thereof, to the officers provided for the 
management of said institution by this constitution or by law; 
and, Provided further, That the regents of the University may, 
whenever in their judgment the needs of the institution demand 
such action, establish, maintain and conduct all but the first two 
years of the departments of medicine, dentistry and pharmacy, 
of the University, at Denver; and, Provided further, That nothing 
in this section shall be construed to prevent state educational 
institutions from giving temporary lecture courses, commonly 
called ' ' University extension work, ' ' and ' ' Farmers Institute and 
Short Courses," in any part of the state, or conducting class ex- 

140 



PUBLIC SCHOOLS §§ 277-280 

cursions for the purpose of investigation and study. — Const. 
Amend. S. L. '09, p. 324.— Sec. 5, Art. VIII, Constitution 

2177. Free schools — one in each district — three months. The 

general assembly shall, as soon as practicable, provide for the 
establishment and maintenance of a thorough and uniform sys- 
tem of free public schools throughout the state, wherein all resi- 
dents of the state between the ages of six and twenty-one years 
may be educated gratuitously. One or more public schools shall 
be maintained in each school district within the state, at least 
three months in each year; any school district failing to have 
such school shall not be entitled to receive any portion of the 
school fund for that year. — Sec. 2, Art. IX, Constitution 
Note. See section 340, minimum term six months. 

278. Special legislation prohibited. The general assembly 
shall not pass local or special laws in any of the following 
enumerated cases, that is to say; * * * providing for the 
management of common schools * * *. — Sec. 25, Art. V, Con- 
stitution 

279. Aid to sectarian schools and churches forbidden. 

Neither the general assembly, nor any county, city, town, town- 
ship, school district, or other public corporation, shall ever make 
any appropriation, or pay from any public fund or moneys what- 
ever, anything in aid of any church or sectarian society, or for 
any sectarian purpose, or to help support or sustain any school, 
academy, seminary, college, university or other liiterary or scien- 
tific institution, controlled by any church or sectarian denomina- 
tion whatsoever ; nor shall any grant or donation of land, money, 
or other personal property, ever be made by the state, or any such 
public corporation, to any church, or for any sectarian purpose. 
— See. 7, Art. IX, Constitution 

280. Religious test forbidden — sectarian tenets — race, color. 

No religious test or qualification shall ever be required of any 
person as a condition of admission into any public educational in- 
stitution of the state, either as teacher or student ; and no teacher 
or student of any such institution shall ever be required to attend 
or participate in any religious service whatever. No sectarian 
tenets or doctrines shall ever be taught in the public schools, nor 
shall any distinction or classification of pupils be made on account 
of race or color. — Sec. 8, Art. IX, Constitution 
Note. See section 347. 

141 



§ 281 PUBLIC SCHOOLS 

281. Public school denned. A public school is hereby de- 
fined to be a school that derives its support entirely, or in part, 
from money raised by a general state, county or district tax. — 
R. S. 6008 

Public schools — kinds 

Note. The public schools of this state consist of the elementary 
schools and the high schools. 

Elementary schools include (a) kindergarten schools and (b) the 
first eight grades of the public schools. 

(a) Kindergarten schools are supported by moneys from the special 
fund of the respective districts establishing them; but their establish- 
ment, like district high schools, are optional with the different districts, 
and, when established, are free to all children between the ages of three 
and six years residing within such district. 

(b) The first eight grades must be taught in at least one public 
school in each school district of the state, and be free to all children of 
school age residing in such district. Such schools are supported by their 
quota from the general fund and from a special fund raised by a mill levy 
on all taxable property within the district, not to exceed twenty mills, 
however, in third class districts. 

High schools consists of (a) district high schools, (b) union high 
schools and (c) county high schools. 

(a) District high schools may be maintained in any first or second 
class district desiring to establish them, but not in third class districts, 
although the latter may add certain of the high school branches to the 
first eight grades. Such high schools are free to all children of school 
age residing within such district, and are supported in the same manner 
as the eighth grade schools. 

(b) Union nigh schools are of three kinds: 

1. When composed of two or more continguous districts, not includ- 
ing a county seat, or an incorporated city or town in a fourth or fifth class 
county. Such union high schools are free to all children of school age 
residing within the county, and are supported by their quota from the 
general fund. Any deficit is made up by the different districts, in propor- 
tion to the number of children attending from each. 

2. When the county seat is all included in one district. Such union 
high school is not free to all children of school age residing outside of 
such high school district at such county seat, except upon payment of 
such tuition as is or may be provided by law, and is supported by its 
quota from the general fund and by a levy of not to exceed four mills on 
all the taxable property of the county. 

3. When organized from districts contiguous to and including an 
incorporated city or town in fourth and fifth class counties, the school 
building to be furnished by such city or town. Such union high schools 
are free to all children of school age residing within such districts, and 
are supported by their quota from the general fund and a levy of not less 
than one nor more than three mills on all taxable property therein. 

142 



PUBLIC SCHOOLS §§ 282 284 

(c) County high schools are of one kind only, and are established 
at the county seats unless otherwise ordered by a majority vote of the 
electors of the entire county. They are free to all children of school age 
within the county, and are supported by their quota from the general fund 
and by a levy of not to exceed four mills on all taxable property within 
the county. 

282. Schools taught in English language — hygiene — Spanish 
— German — humane treatment to animals. The public schools of 
this state shall be taught in the English language, and the school 
boards shall provide to have taught in such schools the branches 
specified in section fifteen of said chapter; and such other 
branches of learning in other languages as they may deem expe- 
dient, including hygiene, with special reference to the effects of 
alcoholic stimulants and narcotics upon the human body, and 
shall cause to be given in each school week two lessons of not less 
than ten minutes' duration each on the subject of humane treat- 
ment to animals; and whenever the parents or guardians of 
twenty or more children of school age shall so demand, the board 
of such school district may procure efficient instructors and in- 
troduce the German and Spanish languages, or either of them, 
and gymnastics, as a branch of study into such school; and said 
district board may, upon like demand of the parents and guard- 
ians of children of school age, procure efficient instructors to 
teach the branches specified in said section fifteen, in the German 
and Spanish languages, or in either of said languages, as said 
board may direct. — R. S. 6010 

Note. Section 15 above referred to is section 165 herein. 
Note. See sections 1 to 4, "Alcoholic drinks and narcotics, etc." 

283. Schools open, to whom. Every public school, except 
high schools, shall be open for the admission of all children be- 
tween the ages of six (6) and twenty-one (21) years residing 
in that school district during at least four school months in each 
year, and the school board shall have power to admit adults, and 
children not residing in the district, if they see fit so to do, and 
to fix the terms of such admission. — R. S. 6009 

Note. See section 340. 

284. Failure to maintain school for three months. Any 

school district failing to maintain a public school at least three 
months of any school year, shall not be entitled to receive any 
portion of the school fund for that year. — R. 8. 5891 
Note. See section 340. 

143 



§ 285 



SCHOOL CENSUS 



285. Census — school age. A school census is hereby defined 
to be a census embracing all persons between the ages of six and 
twenty-one years. School age is hereby defined to be any age 
over six and under twenty-one years. — R. S. 6014 

Note. County superintendent examines census, section 104. 

Note. Secretary prepare census, section 125. 



144 



§§ 286-290 



STATE BOARD OF EDUCATION 



286. Board of Education — members — president. The gen- 
eral supervision of the public schools of the state shall be vested 
in a board of education, whose powers and duties shall be pre- 
scribed by law ; the superintendent of public instruction, the sec- 
retary of state and attorney-general shall constitute the board, of 
which the superintendent of public instruction shall be presi- 
dent. — Sec. 1, Art. IX, Constitution 

Note 1. Superintendent of public instruction an officer of executive 
department, section 300. 

2. Qualifications of superintendent, section 302. 

3. Ex officio state librarian, section 306. 

4. See section 288. 

287. Text books — general assembly nor board shall pre- 
scribe. Neither the general assembly nor the state board of edu- 
cation shall have power to prescribe text books to be used in the 
public schools. — Sec. 16, Art. IX 

288. Who constitutes state board. The superintendent of 
public instruction, the secretary of state and attorney general, 
shall constitute a state board of education, of which the superin- 
tendent of public instruction shall be president. — B. 8. 5866 

Note. See Sec. 286. 

280. When board meets — by-laws, The state board of edu- 
cation shall meet at the state capitol on the last Saturday in 
December in each year, and at such other times and places as 
may by them be deemed necessary, and shall have power to adopt 
any rules and regulations not inconsistent with law, for its own 
government, and for the government of the public schools.— 
R. 8. 5867 

290. Grant diplomas — effect. The state board of education 
is hereby authorized to grant state diplomas to such teachers as 
may be found to possess the requisite scholarship and culture, and 
who may also exhibit satisfactory evidence of an exceptional 
moral character and whose eminent professional ability has been 
established by not less than two years' successful teaching in the 

145 



§§ 291-293 STATE BOARD OF EDUCATION 

public schools of this state. Such diplomas shall supersede the 
necessity of any and all other examinations of persons holding the 
same, by county, city, town, or district in the state, for the grade 
of work indicated, unless revoked by the state board of education. 
— R. 8. 5868 

291. Diploma for eminent service. The state board of edu- 
cation may, in their discretion, issue state diplomas without exam- 
ination, to those .persons who, in addition to good moral character 
and scholarly attainments have, in the opinion of the state board 
of education, rendered eminent service in the educational work 
of the state for a period of not less than six years. — 8. L. '09, 
p. 371 

292. Who need not take examination. The state board of 
education shall grant state diplomas to all persons who shall be 
teaching in the public high schools of the state of Colorado at the 
time of the passage of this act and who shall, within a period of 
six months thereafter, satisfy the state board of education that 
they have had forty-five months' successful teaching experience 
in the public high schools of the state of Colorado. — 8. L. '09, 
p. 371 

293. Diplomas without examination. The state board of 
education shall issue state diplomas upon application, without 
examination, to applicants who shall be graduates of colleges situ- 
ated within the state of Colorado, which maintain a standard 
four-year course of collegiate work and require four standard 
years of high school work or its equivalent for admission, and 
who shall also exhibit evidence satisfactory to the state board of 
education of good moral character, and who shall also present 
evidence satisfactory to the state board of education that they 
have had twenty-four months of successful teaching experience, 
and who shall also produce evidence satisfactory to the state 
board of education of professional training equivalent to at least 
one-sixth of a standard four years' college course and at least 
three of the following groups of subjects, one of which shall be 
Practice Teaching, to-wit: 

(1) General and Educational Psychology. 

(2) History of Education. 

(3) Science and Principles of Education. 

(4) Practice Teaching and Special Methods. 

146 



STATE BOARD OF EDUCATION §§ 294-296 

(5) Organization and Management of Schools. 

(6) Philosophy, Sociology and Anthropology. — 8. L. '09, p. 
371 

294:. Diplomas license to teach for five years. State diplomas, 
granted under the provisions of this act, shall license the holders 
thereof to teach in the public schools of any county, city, town or 
district in the state without the necessity of any other examina- 
tion, for a period of five years unless sooner revoked by the state 
board of education, and at the expiration of said time, the same 
may be renewed for a like period of five years in the discretion 
of the state board of education, and at the expiration of this time, 
the same may be renewed for life upon presentation to the state 
board of education of satisfactory evidence of professional growth 
and efficiency; Provided, That the state board of education shall 
issue upon application, without examination, to those persons who 
possess the qualifications set forth in section 4 of this act, expe- 
rience in teaching alone excepted, a temporary, non-renewable 
certificate to teach for five years in the public schools of Colo- 
rado.— £. L. '09, p. 371 

Note. Section 4 above referred to is section 293 herein. 

295. Board may revoke diploma. The state board of educa- 
tion may at any time revoke a state diploma, upon satisfactory 
evidence that the holder thereof has become unworthy the same ; 
Provided, That before revoking any such diploma, the holder 
thereof shall have at least thirty days' notice to appear before 
the state board and refute any charges brought against him. — 
B. 8. 5870 

STATE BOARD OF EXAMINERS 

296. State board of examiners — appointed by board of edu- 
cation. There is hereby created a state board of examiners which 
shall consist of a state superintendent of public instruction who 
shall be president of the board, and eight other persons who shall 
be appointed by the state board of education in the manner fol- 
lowing : Immediately upon the passage of this act the state board 
of education shall appoint two members of said state board of 
examiners, one of whom shall be recommended to it for that 
purpose by the president of the state agricultural college, and 
both of whom shall be citizens of Colorado, actively engaged in 
educational work, and who are not members of the faculties of 

147 



§ 297 STATE BOARD OF EDUCATION 

either the state agricultural college, the university of Colorado, 
the state school of mines, or the state normal school, which said 
members shall hold office until the first day of May, A. D. 1910, 
and whose respective successors shall in like manner be appointed 
to hold office for successive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the university of Colorado, and both of whom shall be 
citizens of Colorado, actively engaged in educational work, and 
who are not members of the faculties of either the state agricul- 
tural college, the university of Colorado, the state school of mines 
or the state normal school, which said members shall hold office 
until the first day of May, A. D. 1911, and whose respective suc- 
cessors shall in like manner be appointed to hold office for suc- 
cessive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the state school of mines and both of whom shall be citi- 
zens of the state of Colorado, actively engaged in educational 
work, and who are not members of the faculties of either the 
state agricultural college, the university of Colorado, the state 
school of mines or the state normal school, which said members 
shall hold office until the first day of May, A. D. 1912, and whose 
respective successors shall in like manner be appointed to hold 
office for successive terms of four years thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the presi- 
dent of the state normal school, and both of whom shall be citizens 
of the state of Colorado, actively engaged in educational work, 
and who are not members of the faculties of either the state agri- 
cultural college, the university of Colorado, the state school of 
mines or the state normal school, which said members shall hold 
office until the first day of May, A. D. 1913, and whose respective 
successors shall in like manner be appointed to hold office for 
successive terms of four years thereafter. — S. L. '09, pp. 369-370 

297. Applicants to be examined. The state board of exam- 
iners shall, as often as directed by the state board of education, 

148 



STATE BOARD OF EDUCATION § 298 

and at least as often as once a year, and after having given due 
public notice of the same, examine all applicants for state di- 
plomas in such branches and/ upon such terms as in the judgment 
of the state board of examiners, shall be requisite to prove the 
applicant's possession of academic and professional attainments, 
fully equivalent to those set forth in section 4 of this act. — 8. L. 
'09, p. 370 

Note. Section 4 above referred to is section 293 herein. 

298. Requirements of applicants. And the state board of 
education shall grant state diplomas to such persons as shall by 
virtue of such examination, be found to possess the requisite 
scholarship and culture, and who shall also exhibit evidence sat- 
isfactory to the state board of education, of good moral char- 
acter.— £. L. '09, p. 370 



149 



§ 299 



STATE NORMAL SCHOOL 



299. Establishment of state normal school. A state normal 
school is hereby established at or near the city of Greeley, in the 
county of Weld and state of Colorado, the purpose of which shall 
be instruction in the science and art of teaching, with the aid of 
a suitable practice department, and in such branches of knowl- 
edge as shall qualify teachers for their profession; * * * — 
R. S. 6125 



150 



§§ 300-303 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 



300. Term of office — residence — duties — seat of government. 

The executive department shall consist of a governor, lieutenant- 
governor, secretary of state, auditor of state, state treasurer, at- 
torney-general, and superintendent of public instruction, each of 
whom shall hold his office for the term of two years, beginning 
on the second Tuesday of January next after his election ; * * * 
The officers of the executive department, except the lieutenant- 
governor, shall, during their term of office, reside at the seat of 
government, where they shall keep the public records, books and 
papers. They shall perform such duties as are prescribed by this 
constitution or by law. — Sec. 1, Art. IV, Constitution 

301. State officers — election — returns — canvass — contests. 

The officers named in section one of this article shall be chosen on 
the day of the general election, by the qualified electors of the 
state * * *. — Sec. 3, Art. IV, Constitution 

302!. Eligibility — first election — thereafter — age — residence. 

No person shall be eligible to the office of governor, lieutenant- 
governor, or superintendent of public instruction, unless he shall 
have attained the age of thirty years. * * * and in addition 
to the qualifications above prescribed therefor, he shall be a citi- 
zen of the United States, and have resided within the limits of 
the state two years next preceding his election. — Sec. 4, Art. IV, 
Constitution 

303. Governor appoint officers — vacancy — election; — senate 
confirms. * * * If the office of auditor of state, state treas- 
urer, secretary of state, attorney-general, or superintendent of 
public instruction, shall be vacated by death, resignation or other- 
wise, it shall be the duty of the governor to fill the same by ap- 
pointment, and the appointee shall hold his office until his 
successor shall be elected and qualified in such manner as may be 
provided by law. * * * — Sec. 6, Art. IV, Constitution 

151 



§§ 304-309 STATE SUPERINTENDENT 

304. Governor demand information from officers. The gov- 
ernor may require information in writing from the officers of the 
executive department upon any subject relating to the duties of 
their respective offices, which information shall be given upon 
oath whenever so required; he may also require information in 
writing at any time, under oath, from all officers and managers 
of state institutions, upon any subject relating to the condition, 
management and expenses of their respective offices and insti- 
tutions. * * * — Sec. 8, Art. IV, Constitution 

305. Officers receive salary — fees paid into treasury. The 

officers named in section 1 of this article shall receive for their 
services a salary to be established by law, which shall not be 
increased or diminshed during their official terms. It shall be 
the duty of all such officers to collect in advance all fees pre- 
scribed by law for services rendered by them severally, and pay 
the same into the state treasury. — Sec. 19, Art. IV, Constitution 

306. Superintendent of public instruction, ex officio librar- 
ian. The superintendent of public instruction shall be ex officio 
state librarian. — Sec. 20, Art. IV, Constitution 

307. Election of state superintendent. At the general 
election, to be held in the year of our Lord one thousand eight 
hundred and seventy-eight, and every two years thereafter, a 
state superintendent of public instruction shall be elected by the 
qualified electors of the state, who shall hold office for the term of 
two years from the second Tuesday of January next after his 
election, and until his successor is duly elected and qualified. — 
R. S. 5871 

308. Oath and bond of superintendent. Before entering 
upon his duties he shall take and subscribe the oath of office pre- 
scribed by the constitution, and shall also execute a bond in the 
penalty of five thousand dollars, payable to the state of Colorado, 
with sureties to be approved by the state auditor, conditioned 
upon the faithful discharge of his official duties, and the delivery 
to his successor of all books, papers, documents and other prop- 
erty belonging to the office. Said bonds and oath shall be depos- 
ited with the secretary of state. — R. S. 5872 

309. Duties of superintendent. He shall have an office at 
the seat of government, where shall be kept an official seal, and 

152 



STATE SUPERINTENDENT § 310 

all books and papers appertaining to the business of his office. 
He shall file all papers, reports and public documents transmitted 
to him by the school officers of the several counties, each year 
separately, and hold the same in readiness to be exhibited to the 
governor, or to any committee of either house of the general 
assembly. Copies of all papers filed in his office, and his, official 
acts, may be certified by him, and when so certified, shall be 
evidence equally and in like manner as the original papers. He 
shall decide all points touching the construction of the school 
laws, which may be submitted to him in writing by any school 
officer, teacher or other person in the state, and his decisions shall 
be held to be correct and final until set aside by a court of compe- 
tent jurisdiction, or by subsequent legislation ; and said decision, 
correspondence and instructions may be communicated through 
the columns of any regularly published periodical that is devoted 
to the interest of education. He shall prepare lists of questions 
for the use of county superintendents at the quarterly examina- 
tion of teachers, and make such suggestions concerning their use 
as shall tend to secure uniform examinations in the different 
counties; and he may call to his aid, in the preparation of said 
questions, such assistance as he may deem proper. — B. S. 5873 

Note. In regard to books received for use of the supreme court see 
R. S. 1428. 

310. Furnish blanks — cost — prepare laws. He shall have a 
general supervision of all the county superintendents, and of the 
public schools of the state. He shall prepare, have printed and 
furnished to teachers and all officers charged with the administra- 
tion of the laws relating to public schools, such blank forms, 
registers and books as may be necessary to the discharge of their 
duties ; but he shall not copyright such forms, nor be directly nor 
indirectly compensated by reason of the sale thereof. All register 
and blank books so furnished for the use of teachers and school 
officers shall be charged to the respective counties at cost, and 
the county superintendent of schools shall receipt for and dis- 
tribute the same among the districts of his county as they may 
require ; and the amount so charged against each county shall be 
deducted from the amount apportioned to such county at the 
semi-annual apportionment of the state school fund; and the 
superintendent of public instruction shall certify to the state 
treasurer the aggregate amount of such deductions, and the treas- 
urer shall thereupon transfer said amount from the school fund 

153 



§§ 311-312 STATE SUPERINTENDENT 

subject to apportionment to the general fund. The superintend- 
ent of public instruction shall have the laws relating to public 
schools printed in pamphlet form, and annexed thereto forms for 
making reports and conducting school business, and shall sup- 
ply school officers, school libraries and state libraries with a copy 
each. Said printing to be paid for out of the printing fund, on 
warrant of the auditor, on bills approved by the superintendent 
of public instruction, and attested by the secretary of state. — 
R. S. 5874 

311. Biennial report — visits — expenses. He shall, on or 
before the tenth day of December, in every year preceding that in 
which shall be held a regular session of the general assembly, 
report to the governor the condition of the public schools, the 
amount of state school fund apportioned, and sources from which 
derived, with suggestions and recommendations relating to the 
affairs of his office as he may think proper to communicate. It 
shall be his duty to visit annually such counties in the state as 
most need his personal attendance, and all counties, if practi- 
cable, for the purpose of inspecting the schools, awakening and 
guiding public sentiment in relation to the practical interests of 
education, and diffusing as widely as possible, by public addresses 
and personal communication with school teachers and parents, a 
knowledge of existing defects and of desirable improvements 
in the government and instruction of the schools; and he shall 
open such correspondence as may enable him to obtain all neces- 
sary information relating to the system of public schools in other 
states; and he shall receive out of the state treasury, for actual 
necessary traveling expenses and other expenses while traveling 
on the business of the department, not exceeding five hundred 
dollars per annum, for which he shall render an itemized bill to 
the auditor of state, who is hereby authorized to draw his war- 
rant therefor; and all office, fuel, furniture, postage, books, sta- 
tionery, and other contingent expenses pertaining to his office 
shall be furnished in the same manner as those o! r the other de- 
partments of the state government. — R. 8. 5875 

312. Apportionment of school fund. It shall be the duty of 
the state auditor to notify the superintendent of public instruc- 
tion of the amount of money in the state treasury to the credit of 
the public school income fund, on the thirtieth day of June and 
December in each year. Within fifteen days after receiving such 

154 



STATE SUPERINTENDENT § 313 

notification, the superintendent of public instruction shall appor- 
tion said fund among the several counties of the state, from which 
reports have been received by said superintendent, as provided in 
this act in proportion to the school population as shown by the 
report of each county for the year next preceding such apportion- 
ment, making such deductions as are provided in section nine of 
said chapter. And the superintendent of public instruction shall 
certify said apportionment to the state auditor, and upon such 
certificate the auditor shall draw his warrant on the state treas- 
urer in favor of the county treasurer of each county, for the 
amount due said county. The superintendent shall also certify 
to the superintendent of each county the amount apportioned to 
such county.— R. S. 5887 

Note. Section 9 referred to in this section is section 310. 

313. Assistant librarian — salary. He may employ an assist- 
ant librarian, who shall have charge of the state library, under 
such regulations as may be prescribed by the state librarian, or 
by law. Said assistant shall receive the annual salary of one 
thousand dollars for his services. — R. S. 5876 



155 



§§ 314-316 



STATE TEACHERS COLLEGE OF COLORADO 



314. State normal at Greeley — also known as state teachers' 
college. The State Normal School at Greeley, Colorado, also shall 
be known and designated as, The State Teachers College of Colo- 
rado.— £. L. '11, p. 609 

315. Trustees — corporate powers — seal — make by-laws. Said 
school shall be under the control of a board of six trustees ; the 
said board shall be and is hereby declared a body corporate by 
the name and style of "The Trustees of the State Normal 
School," and as such and by its said name may hold property 
for the use of said school, be party to all suits and contracts, and 
do all things thereto lawfully appertaining in like manner as 
municipal corporations of this state. The said trustees and their 
successors in office shall have perpetual succession, shall have 
a common seal, and may make by-laws and regulations for the 
well ordering and government of the said corporation and its 
business not repugnant to the constitution and laws of the state. 
— R. S. 6129 

316. Governor appoint trustees — term of office — oath — su- 
perintendent of public instruction member. The governor shall, 
upon the approval of this act, appoint by the advice and with the 
consent of the senate, the six trustees mentioned and provided 
in this act, two of whom shall be appointed for the term of two 
years, two for the term of four years and two for the term of six 
years. Their terms of office shall begin from their appointment 
and qualification, and shall continue for the period for which 
they shall be so appointed and until their successors are appointed 
and qualified. Every two years after the first appointment afore- 
said, two trustees shall be appointed in like manner to succeed 
those whose terms are first thereafter to expire. Every trustee 
so appointed shall take and subscribe the oath of office prescribed 
by the constitution of this state before entering upon the duties of 
his office, which oath shall be placed and kept on file in the office 
of the secretary of state. The superintendent of public instruc- 

156 



STATE TEACHERS COLLEGES § 317-320 

tion shall be, ex officio, a member of the board of trustees of the 
said state normal school. — B. 8. 6130 

317. Part of public school system — apportionment of funds 
— supervisory powers over. Said normal school is hereby consti- 
tuted an integral part of the public school system of this state, 
and shall stand upon the same basis as to apportionment of state 
school funds as union high schools, and shall be subject as such to 
the general supervisory powers vested by the constitution in the 
state board of education. — B. 8. 6132 

318. Powers of trustees. Subject to the constitutional 
powers of the state board of education, the trustees of the state 
normal school shall have the general supervision of the state 
normal school, and the control and direction of its funds and the 
appropriations therefor. They shall have power to appoint a 
faculty, consisting of a principal and assistant principal, and 
such other professors as may be required therein; they- may also 
appoint such assistant teachers as are found necessary. They 
shall also have power to remove said .principal or assistant prin- 
cipal, or any professor, teacher or employe in or about said 
school, and to appoint or employ another or others instead ; to fix 
the salaries of each and to prescribe their several duties. They 
shall, with the advice and consent of the faculty, prescribe the 
various books to be used in said school, the course of study and 
instruction, which in no case shall cover a period of less than 
three years, and shall make all the needful rules, regulations and 
by-laws for the good government and management of the same.-- 
B. 8. 6133 

319. Qualifications for admission — examination — declara- 
tion. The said board of trustees shall prescribe the qualifications 
for admission of students to said normal school. Every applicant 
for admission shall undergo an examination by the faculty of 
said school, and if it shall appear that such applicant is not a 
person of good moral character, or fails to pass such examination, 
such applicant shall be rejected. Each applicant, except as here- 
after provided, shall, prior to his or her admission, also sign and 
file with the board of trustees a declaration to engage in the 
business of teaching in the public schools of this state. — B. 8. 6139 

320. Open to residents of state — other persons — fees. The 

state normal school shall be open, subject to its regulations, to 

157 



§§ 321-322 STATE TEACHERS COLLEGE 

all persons resident in this state, sixteen years of age and upward, 
without charge for tuition ; and to other persons under such regu- 
lations as the board of trustees may prescribe, upon payment 
of a rate of tuition to be fixed by said board, and without the 
aforesaid declaration of intention to teach in the public schools 
of this state, said board of trustees shall also fix the fees for ad- 
mission of pupils to the practice department of said normal school. 
— R. S. 6140 

321. Officers of board — duties — bond. The board of trustees 
shall elect from among their number, at the first and every suc- 
ceeding annual meeting of said board, a president, who shall 
preside at all meetings and perform such duties as are incumbent 
upon such office. The board shall also elect a secretary, who 
shall not be a member of the board, and who shall hold office 
for the term of one year, and until his successor shall be elected 
and qualified. The said secretary shall give bond in a sum to be 
fixed by the superintendent of public instruction for the faithful 
handling and true accounting and delivery of all moneys and 
property of said school coming to his hands or control, which 
bond shall be filed with the secretary of state, after approval of 
the sureties thereon by the said board of trustees. No secretary 
elected as aforesaid shall receive into his possession or control 
any money or property of said normal school until after he shall 
have executed his bond and the same shall have been approved 
and filed as aforesaid. The state treasurer shall be, ex officio, 
treasurer of the state normal school. — R. 8. 6135 

322. Diplomas — examination — graduation. The state nor- 
mal school is authorized to grant diplomas to such students as 
shall have completed the full course of instruction in said normal 
school, shall have been recommended by the faculty, and shall 
have passed a final examination upon the branches embraced in 
the prescribed course of study; such examination to be conducted 
by the examining board, consisting of the state superintendent 
of public instruction, a county superintendent of schools within 
the state, appointed for the purpose by the governor, and the 
principal of said school. Such diploma, when signed by the mem- 
bers of said examining board and the president and secretary of 
the board of trustees, shall be evidence that the receiver thereof 
is a graduate of the state normal school, and entitled to all the 
honors and privileges of such graduates. — R. S. 6141 

158 



STATE TEACHERS COLLEGE § 323-325 

323. Diploma license to teach — license annulled. The said 
diploma shall license the receiver thereof to teach in any of the 
public schools of this state when a certified copy thereof shall 
have been filed in the office of the county superintendent of 
schools in the county wherein such graduate is teaching or pro- 
poses to teach. Such license may be annulled by the state super- 
intendent of public instruction, who shall give immediate notice 
thereof to the several county superintendents of the state, and 
such license may be suspended in any county by the superin- 
tendent of schools for such county, pending the action of the 
superintendent of public instruction. — B. 8. 6142 

324. No fee for diploma. No fee shall be charged or re- 
ceived for any diploma or certificate authorized by this act. — 
B. S. 6143 

325. Report of trustees — contents — verification. The trus- 
tees of the state normal school shall make and file with the state 
board of education, on or before the first day of August in each 
year, a report of the affairs and conduct of said normal school 
during the year last preceding such report. Said annual report 
shall be made upon blanks prepared by the superintendent of 
public instruction, approved by the state board of education, and 
shall include the following, viz. : 

First — The number of students enrolled during the preceding 
year, their sex, age, residence and place of birth. 

Second: — The attendance each day; the average attendance 
for each week and term, and during the year ; the number of days 
the school was taught in the year. 

Third — The full curriculum of instruction in said school; the 
classification and departments thereof ; the branches taught ; time 
devoted to each ; text books and apparatus in use ; number of 
books in the library; requirements for admission and graduation, 
with dates and requirements for examinations. 

Fourth — The number of students in each department and 
class ; number of diplomas granted, and to whom ; number, names 
and residence of graduates; number of suspensions and expul- 
sions, and cause of same. 

Fifth — The names and number of teachers in each class and 
department, length of time each has been employed, and salary 
paid to each. 

159 



§§ 326-327 STATE TEACHERS COLLEGE 

Sixth — Names, individual employment and number of all 
other employes in and about the school, with rate and amount of 
wages paid to each. 

Seventh — A full financial statement, classified and itemized, 
of the business department of the school and corporation, cover- 
ing receipts and expenditures from and by all sources, and in 
such form as to show the average cost of the school per month 
for each pupil, and in gross for the year ; cash on hand or deficit 
at the beginning and end of year. 

Eighth — An estimate of necessary expenditures, ordinary and 
special, for the next ensuing year. 

Ninth — Such other particulars as the said board of education 
may require, necessary to a fair and complete showing and fair 
understanding of all the affairs of said normal school. 

Said report shall be signed by the president and secretary of 
the said board of trustees, and verified by the oath of one or more 
of their number. — B. S. 6138 

NORMAL SCHOOL AT GUNNISON 

326. School established at Gunnison. A State Normal School 
is hereby established at the city of Gunnison, in the county of 
Gunnison and state of Colorado, the purpose of which shall be 
instruction in the science and art of teaching, and in such 
branches of knowledge as shall qualify teachers for their pro- 
fession; * * *— R. S. 6144 

327. Management of school. Upon the completion of said 
(Gunnison Normal School) building, the same shall by said 
trustees be turned over and delivered to the trustees of the State 
Normal School at Greeley, and thereafter said school buildings' 
and premises shall form a part of the Normal School system of the 
state, and shall be controlled and managed under the same laws 
and by the same board of trustees as have charge of the Normal 
School at Greeley.— 8. L. '09, p. 195 



160 



§§ 328-331 



TAXES 



328. Exemption — lots — buildings for worship — schools. 

Lots, with the buildings thereon, if said buildings are used solely 
and exclusively for religious worship, for schools, or for strictly 
charitably purposes, also cemeteries not used or held for private 
or corporate profit, shall be exempt from taxation, unless other- 
wise provided by general law. — Sec. 5, Art X, Constitution 

32$. Corporations subject to tax. All corporations in the 
state, or doing business therein, shall be subject to taxation for 
state, county, school, municipal and other purposes, on the real 
and personal property owned or used by them within the terri- 
torial limits of the authority levying the tax. — Sec. 10, Art. X, 
Constitution 

330. No obligation or liability exchanged, etc. No obliga- 
tion or liability of any person, association or corporation, held or 
owned by the state, or any municipal corporation therein, shall 
ever be exchanged, transferred, remitted, released, or postponed, 
or in any way diminshed by the general assembly, nor shall such 
liability or obligation be extinguished except by payment thereof 
into the proper treasury. — Sec. 38, Art. V, Constitution 

COUNTY SCHOOL TAXES 

331. County commissioners shall cause school tax to be 
levied. The county commissioners shall, at the time of levying 
the tax for county purposes, cause to be levied a tax for the 
support of the schools within the county, of not less than two 
mills on the dollar, of the assessed value of all taxable property, 
real and personal, within the county, which tax shall be collected 
by the county treasurer at the same time, and in the same manner, 
as state and county taxes are collected, except that it shall be 
receivable only in cash. It is hereby made the duty of the county 
superintendent of schools to certify to the board of county com- 
missioners at this time the amount of money needed per capita, 
to enable each school district in the county to maintain a public 

161 



§§ 332-333 TAXES 

school four months in each year, as required by law. In making 
his estimate, the county superintendent shall not take into consid- 
eration districts whose school population shall be less than fifteen, 
as shown by the school census preceding the time of making the 
levy. He shall use as a basis for making his estimate the sum of 
forty dollars per month for the teachers' salary. All other ex- 
penses of the school must be provided for by the board of direct- 
ors by special tax. It is hereby made the duty of the county com- 
missioners to increase the minimum rate of two mills, to what 
shall be required for the purpose, as stated as above; Provided, 
That such tax levy shall in no case exceed five mills; Provided, 
further, if any school district shall fail to certify a special tax for 
other expenses of the district necessary to maintaining a public 
school each year, as provided for in section seventy-seven, the 
county commissioners shall cause the same to be levied. — R. S. 
5893 

Note. Section 77 above referred to is section 283 herein. 

332. Certification of valuation to school districts. On or 

before October 25 of each year the county assessor shall certify 
to the county superintendent of schools the assessable valuation 
of all property within each school district in the county. The 
county superintendent of schools is required to immediately 
notify the clerks of the several school boards of the several school 
districts within the county, and upon receipt of said notice each 
school board shall make their levy and certify same to the county 
superintendent of schools on or before November 1st of the cur- 
ernt year. Upon receipt of said certification the county superin- 
tendent of schools shall immediately certify the levy of the several 
school districts of the county to the county commissioners. — 8. L. 
'13, p. 527 

333. Statutory rates fixing limit of indebtedness — how com- 
puted — increase. All statutory rates making provision for fixing 
the limit of indebtedness of any school district or incorporated 
town shall be computed upon seventy per cent (70%) of the as- 
sessed valuation of such school district or incorporated town, 
instead of being computed upon the full assessed valuation as 
provided in the various statutes fixing such limitations. 

Except as herein otherwise provided, all statutory rates, 
making provisions for the general revenues of the state and for 
state institutions, schools, towns, cities and for all other purposes 

162 



TAXES § 333 

(except to provide for the payment of bonds and interest there- 
on), are hereby so reduced as to prohibit the levying of a greater 
amount of revenue for any year hereafter than was levied the 
preceding year, plus five per cent. 

Except as herein otherwise provided, the exercise of the 
taxing power by the General Assembly and by every taxing body 
to which authority has been delegated by the General Assembly 
to exercise the power of taxation, is hereby limited (except to 
provide for the payment of bonds and interest thereon), so as 
to prohibit the levying of a greater amount of revenue for any 
year hereafter than was levied the preceding year, plus five per 
cent. 

This act shall in no way limit the amount of any levy neces- 
sary to be made for the purpose of paying any bonded indebted- 
ness and interest thereon lawfully incurred, or any judgment 
against any county, city, town or school district, or the interest 
on such judgment, or for special assessments for local improve- 
ments, in any town, city or city and county. — S. L. '17, pp. 429- 
430 

Note. Effective March 29, 1917. 

If any board of levy or any officer that is charged with 
the duty of levying a tax in any taxing district, except the state, 
shall be of the opinion that the amount of tax limited by this act 
will be insufficient for the needs of such taxing district for the 
current year, the question of an increased levy may be submitted 
to The Colorado Tax Commission and it shall be the duty of The 
Colorado Tax Commission to examine into the needs of such tax- 
ing district and ascertain from such examination the financial 
condition thereof and if, in the opinion of The Colorado Tax 
Commission, such taxing district is in need of additional funds 
the said Commission may recommend an increased levy for such 
taxing district above the limits hereinbefore applied and such 
taxing district is authorized to make such excess levy not exceed- 
ing five mills on the dollar of # the valuation of such district ; Pro- 
vided, that in case The Colorado Tax Commission refuses or fails 
to recommend such increased levy or that the excess levy not 
exceeding five mills is insufficient to meet the required needs of 
such taxing district, the question may be submitted to the voters 
of such taxing district at a general or at a special election called 
for the purpose and in the manner provided by law for calling 
special elections in such taxing district. If any such question of 

163 



§§ 334-335 TAXES 

increasing the levy shall be submitted at any election as before 
set forth, due notice thereof shall be given for at least thirty days 
in advance of such election by publication in some newspaper 
published in such taxing district, except school districts, and in 
school districts, notice shall be given by posting a notice of such 
election at the school houses in such district. If three-fourths of 
the votes cast at any such election shall be in favor of the in- 
creased levy as named in said election notice, then the officers 
charged with levying taxes, may make such increased levy for the 
year voted upon and thereafter the limitation of this act shall 
apply unless an increased levy for the particular year shall be 
voted at another election in like manner. — Amended 8. L. '15. 
Note. These acts or parts of acts refer to school districts. 

334. Bonds validated. Any and all negotiable coupon bonds 
heretofore authorized by any county, city, town or school dis- 
trict in the State of Colorado, which might be invalid by reason 
of the debt limiting or tax limiting provisions of Section eleven 
(11) of an act entitled "An act in relation to public revenues 
and limiting the levy of taxes in the several taxing districts of 
the State of Colorado ; prescribing penalties for the violation of 
this act and repealing all acts or parts of acts in conflict here- 
with," approved May 1, 1913, being Chapter 137, Session Laws 
of Colorado, 1913, as amended by Chapter 140 of the Session Laws 
of Colorado, 1915, approved April 10, 1915, are hereby validated 
as fully and completed as if said Section eleven of said act and 
the amendments thereof had never been made a part thereof. — 
8. L. '17, 431-2 

Note. Effective and operative March 29, 1917. 

335. County clerk must levy — officer failing- — forfeiture. No 

county clerk or other person, who shall make out the tax list or 
assessment roll of any county, shall omit or neglect to levy said 
tax of two mills, as aforesaid, by reason of the omission of the 
board of county commissioners to pass a resolution for that pur- 
pose. Failure to levy a tax of at least two mills, as above speci- 
fied, shall be deemed a violation of the law, and the person or per- 
sons through whose neglect or refusal the failure so to levy shall 
occur, shall forfeit the sum of one hundred dollars each, and be 
liable for all damages resulting from such neglect or failure. — 
R. 8. 5894 

164 



TAXES § 336 

336. School boards certify amount needed to county commis- 
sioners — not exceed twenty mills — duties of assessors and treas- 
urer — tax for library. On or before the day designated by law 
for the commissioners of each county to levy the requisite taxes 
for the then ensuing year, the school board in each district shall 
certify to the board of county commissioners a statement showing 
the aggregate amount, which, in the judgment of said school 
board, it is necessary to raise from the taxable property of said 
district, to create a special fund for any of the purposes specified 
in section 51 of this chapter; said statement shall also show the 
items composing said aggregate and the purpose to which it is 
intended to devote each sum so itemized. It shall thereupon be 
the duty of the county commissioners to levy, at the same time 
that other taxes are levied, such rate, within the limits allowed 
by law, as will produce the aggregate amount so certified. The 
amount of such special tax, which shall be assessed to each tax 
payer of such district, shall be placed in a separate column of 
the tax book, which shall be headed "Special School Tax," Pro- 
vided, in the case of districts of the third class no higher rate 
than twenty mills per dollar shall be levied. There shall also be 
a column in said tax book in which shall be designated the 
number of the school district in which the property is listed. This 
tax shall be collected in cash only, and placed to the credit of the 
proper district as fast as collected, and the amount placed to the 
credit of each district shall be reported to the secretary of such 
district at the end of every month, and shall be subject to the 
order of the district board. It is hereby made the duty of the 
county assessor and county treasurer to so arrange their tax 
schedules and books as to conform to the above provision; Pro- 
vided, That the county assessor shall list all property, both real 
and personal, in the school district in which the same may be on 
the first day of May ; And provided, further, That the board of 
any district may include in said certified statement an item for 
the purchase of books for a library, to be open to the public, un- 
der such rules as the district board may deem needful for the 
proper care of the said library ; but no levy made for this purpose 
shall exceed one-tenth of one mill, and the money accruing there- 
from shall be used for the purposes of such library, and for no 
other purpose whatsoever. — S. L. '11, p. 585 

Note. Section 51 above referred to is section 134 herein. 



165 



& 337 TAXES 

SPECIAL TAX 

337. Special tax levy not to be reconsidered. It shall not be 
lawful for a district or a district board to reconsider the question 
of the levy of a special tax after the same has been certified to the 
county commissioners, nor shall said commissioners be charged 
with any discretion in the matter of such levy further than to 
ascertain if the law has been obeyed. — R. S. 5896 



166 



§§ 338-339 



TEACHERS 



338. Must have license — expiration — proviso. No district 
board shall employ any person to teach in any of the public 
schools of the state, unless such person shall have a license to 
teach, issued from the proper district, county or state authority, 
and in full force at the date of employment ; and any teacher who 
shall commence teaching in any such school without such license, 
shall forfeit all claim to compensation out of the school fund for 
the term so teaching without such license. And if a teacher's 
license shall expire by its own limitation within a term of employ- 
ment, such- expiration shall not have the effect to stop the school, 
or stop the teacher's pay; Provided, That a teacher whose cer- 
tificate so exjpires, if the term of school for which such teacher 
is employed extends more than one month after such expiration, 
shall secure a new certificate, or a renewal of the one held while 
the same is in force ; And, provided further, That a certificate 
shall, not be required of persons employed to teach either music, 
drawing or modern languages only. No teacher shall be dismissed 
without good cause shown, and such teacher shall be entitled to 
receive pay for services rendered. — B. 8. 5990 

Note. Kindergarten teachers, section 257. 

Note. For different grade certificates see section 48 herein. 

Note. For examinations see section 165 herein and decisions there- 
under. 

339. Teachers to keep register — statistics — blanks. It shall 
be the duty of the teacher of every public school in this state to 
keep, in a neat and businesslike manner, a daily register in such 
form and upon blanks as shall be prepared by the superin- 
tendent of public instruction. At the close of each term of school, 
not to exceed four months, the teacher shall file the summary in 
such register, and, in ungraded schools, file the register with the 
secretary of the district, who shall preserve the same ; in graded 
schools the register aforesaid shall be filed with the principal or 
superintendent of the district, in which case said principal or 

167 



§ 340 TEACHERS 

superintendent shall make an abstract of the summaries of all 
such registers upon blanks prepared by the superintendent of 
public instruction, and file the same with the secretary, which 
shall also be preserved. The teacher, principal or superintendent, 
as the case may be, who is in charge of the last term of school in 
any school year, shall file with the secretary a summary of the 
statistics for the year, as shown by the summarized reports of 
all the terms during the year. The principal teacher of every 
public school, within one week after the beginning of each term, 
shall notify the county superintendent of the date of such 
beginning and the proposed length of the term. Nothing in 
this section shall be construed to prohibit any district board 
from requiring teachers, principals and superintendents to keep 
any additional registers and records of statistics which such 
board may deem advisable. Until the registers, summaries and 
abstracts herein above described have been filed as aforesaid, it 
shall be unlawful for the officers of any district to draw a warrant 
for the last month's salary of any teacher, principal or superin- 
tendent whose duty it is to make and file such register, summary 
or abstract. All blanks required in the execution of this section 
shall be supplied by the superintendent of public instruction to 
county superintendents, and by them to district secretaries. — B. S. 
5995 

340. To provide a minimum salary for teachers. On or 

before the day designated by law for the commissioners of 
each county to levy the requisite taxes for the then ensuing year, 
the school board of each district shall certify to the board of 
county commissioners that part of the special tax levy, such part 
not to exceed ten mills, which shall be sufficient with all other ap- 
portionments from state or county, for said district to pay each 
teacher in the district the sum of fifty dollars ($50) per month for 
a term of not less than six months in each school year, and such 
parts of the special tax levy shall be made by the county commis- 
sioners and used for the purpose of paying teachers' salaries only. 
Provided, that by and with the consent of the county superin- 
tendent of schools, school districts in altitudes of 8,000 feet and 
upwards may limit for climatic reasons, their school term to not 
less than four months. The teachers in said school shall receive 
fifty dollars ($50) per month for the time employed. Nothing in 
this act shall operate to prevent any school board from employing 

168 



TEACHERS § 340 

its teacher or teachers for a longer term or from paying a larger 
salary per month than is herein prescribed. 

If any school district in any county in the state is unable, 
with the levy provided in section 1 together with the ordinary 
apportionment from state and county school funds, to pay its 
teacher or teachers fifty dollars ($50) a month for a minimum 
number of months prescribed in this act, it shall be the duty of 
the county superintendent of schools to apportion to each of said 
districts, and it shall be the duty of the county treasurer to place 
to the credit of such districts, a sum of money, which, together 
with that part of the special levy of the district provided in 
section 1 of this act, and all other moneys available for said dis- 
trict shall be sufficient to pay the minimum salaries for the mini- 
mum time prescribed in this act; said funds shall be created by 
the levy of the county school tax as provided by section 5893 of 
the Revised Statutes of 1908: provided that not more than one- 
third of the proceeds of such tax shall be used for the purpose of 
enabling each district to comply with the foregoing requirements. 
If any school district shall fail to certify said special levy of ten 
mills or such portion of it as may be necessary for the purpose 
herein named, the county commissioners shall cause the same to 
be made at the same time that the general levy is made by the 
said board. 

In any county in the state in which there are school districts 
unable, by means of such part of the special levy required in 
section 1 of this act, and their proportionate share of the one- 
third of the general school levy of the county and the general 
state apportionment to pay the salaries prescribed in this Act, it 
shall be the duty of the county superintendent to eertify these 
facts to the State Superintendent of Public Instruction not later 
than the first day of June and December in each year. If the 
State Superintendent of Public Instruction, after investigation, is 
convinced of the necessity as set forth in the certificate of the 
county superintendent, it shall be his duty to apportion to every 
such county a sum of money sufficient, together with all funds 
from other sources, to pay the minimum salaries provided for 
teachers in this Act, and, the state treasurer shall pay into the 
treasury of such county the sum so apportioned by the State Su- 
perintendent of Public Instruction, to be placed to the credit of 
the districts designated in the certificate of the county superin- 
tendent. Said monies shall be drawn from the public school in- 

169 



§§ 341-342 TEACHERS 

come fund of the state; provided, that not more than sixty thou- 
sand ($60,000) dollars of said fund shall be used for this purpose, 
which shall be pro-rated among the counties requiring the same 
according to their respective needs. No aid from the state shall be 
received by any county whose commissioners fail to make the 
maximum levy for school purposes allowed by law. 

Nothing in this Act shall prevent a district board or the 
elector of any district from levying a special school tax for school 
purposes on the property of their respective districts; provided, 
that said special tax shall not exceed the limit of such taxation 
prescribed by law. — 8. L. '13, p. 603 
See section 336. 

TEACHERS' RETIREMENT FUND 

341. Teachers' retirement fund under control of directors. 

In every school district of the first class there may be created a 
school teachers' retirement fund, which shall be controlled by the 
board of school directors of the school district concerned. — 8. L. 
'09, p. 512 

342. Payable to whom. The board of directors in any such 
district is hereby authorized to establish a public school teachers' 
retirement fund, and shall be authorized to pay out of such fund 
a sum not to exceed forty dollars per month to any man teacher 
sixty years of age or any woman teacher fifty-five years of age, 
who has been in active service as a teacher for a period of twenty- 
five years, of which not less than fifteen years shall have been 
within said school district. 

The board of school directors of any such district may also, 
subject to the above limitations, make provisions for such teachers 
as may become permanently incapacitated from teaching, while 
in the service of the district; Provided, however, That the said 
beneficiary shall have served in the school district for a period of 
not less than ten years. 

Any teacher of such school district coming under the pro- 
visions of this act who may, by making application, or by action 
of the board of school directors, be entitled to receive the benefit 
from the public school teachers' retirement fund as provided for 
in this act shall not be entitled to receive benefit while drawing a 
salary as a teacher in active service. — S. L. '09, p. 512 

170 



TEACHERS , § 343 

343. Mode of securing fund. The moneys for the use of the 
public school teachers' retirement fund shall be secured by a 
special levy upon the said school district, such special levy, how- 
ever, not to exceed one-tenth of one mill, and from any gifts or 
bequests which may be made to said fund. — 8. L. '09, p. 513 



( 
171 



344-347 



TRUANT SCHOOLS 



344. Truant schools to be established — in what cities. That 
in cities having a population of 100,000 inhabitants or more, 
there shall be established, maintained and conducted within two 
years from the date of taking effect of this act, one or more 
parental or truant schools for the purpose of affording a place 
of confinement, discipline, instruction and maintenance of chil- 
dren of compulsory school age who may be committed thereto in 
the manner hereinafter provided. — B. S. 5978 

345. Sites — location — furniture — fixtures — no increase of 
levy. For the purpose of establishing such school or schools, 
sites may be purchased and buildings constructed or premises 
rented in the same manner as is provided for in the case of public 
schools in such cities; but no such school shall be located at or 
near any penal institution. 

And it shall be the duty of the board of education to furnish 
such schools with such furniture, fixtures, apparatus and pro- 
visions as may be necessary for the maintenance and operation 
thereof; Provided, That nothing in this act shall be construed to 
permit an increase of the levy for school purposes beyond the 
limit fixed by law.— B. S. 5979 

346. Officers — course of instruction. The board of educa- 
tion may also employ a superintendent and all other necessary 
officers, agents and teachers; and shall prescribe the methods 
of discipline and the course of instruction ; and shall exercise the 
same powers and perform the same duties as is prescribed by law 
for the management of other schools. — B. S. 5980 

347. No religious instruction in school — religious training. 

No religious instruction shall be given in such school, except such 
as is allowed by law to be given in public schools; but the board 
of education shall make suitable regulation so that the inmates 
may receive religious training in accordance with the belief of 
the parents of such children, either by allowing religious services 

172 



TRUANT SCHOOLS § 348^349 

to be held in the institution or by arranging for attendance at 
public service elsewhere. — B. 8. 5981 

348. Habitual truant — petition to county court It shall be 
the duty of any truant officer or agent of such board of education 
to petition, and any reputable citizen of the city may petition 
the county court of the county to inquire into the case of any 
child of compulsory school age who is not attending school, or 
who has been guilty of habitual truancy, or of persistent viola- 
tion of the rules of the public schools, and the petition shall also 
state the names, if known, of the father and mother of such 
child, or the survivor of them; and if neither father nor mother 
of such child is living, or cannot be found in the county, or if 
their names cannot be ascertained, then the name of the guardian, 
if there be one known, and if there be a parent living whose 
name can be ascertained, or a guardian, the petition shall show 
whether or not the father or mother or guardian consents to the 
commitment of such child to such parental or truant school. Such 
petition shall be verified by oath upon the belief of the petitioner, 
and upon being filed, the judge of the county court shall have 
such child named in the petition brought before him for the 
purpose of determining the application in said petition contained. 
But no child shall be committed to such school who has ever 
been convicted of any offense punishable by confinement in 
any penal institution. — B. S. 5982 

349. Hearing — commitment — notice to parent. Upon the 
filing of such petition the clerk of the court shall issue writ to 
the truancy officer of the district, directing him to bring such 
child before the court; if the court shall find the material facts 
set forth in the petition are true, and if in the opinion of the 
court such child is a fit person to be committed to such parental 
or truant school, to be kept there until he or she arrives at the 
age of fourteen years, unless sooner discharged in the manner 
hereinafter set forth, subject to the right of appeal as in cases 
of misdemeanor in the county courts. Before the hearing afore- 
said, notice in writing shall be given to the parent or guardian 
of such child, if known, of the proceedings about to be instituted, 
that he or she may appear and resist the same, if they so desire. 
— B. S. 5983 

173 



§§ 350-352 TRUANT SCHOOLS 

350. Parent or guardian pay maintenance. It shall be the 
duty of the parent or guardian of any child committed to this 
school to pay the actual cost of board of such child and provide 
suitable clothing upon his or her entry into such school, and from 
time to time thereafter as it may be needed, upon notice in writing 
from the superintendent or other proper officer of the school. In 
case any parent or guardian shall refuse or neglect to furnish 
such clothing or pay for such board, the same may be provided 
by the board of education, and such board may have an action 
against such parent or guardian of said child to recover the cost 
of such clothing and board, with 10 per cent, additional thereto. — 
R. 8. 5984 

351. Board of education establish regulations for parole. 

The board of education of such city shall have power to establish 
rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon 
parole, but to remain while upon parole in the legal custody and 
under control of the officer and agents of such school and subject 
at any time to be taken back within the enclosure of such school 
by the superintendent or any authorized officer of said school, , 
except as hereinafter provided; and full power to enforce such 
rules and regulations to retake any such child so upon parole is 
hereby conferred upon said board of education. No child shall 
be released upon parole in less than four weeks from the time of 
his or her commitment, nor thereafter until the superintendent of 
such parental or truant school shall have become satisfied from 
the conduct of such child that, if paroled, he or she will attend 
regularly the public or private school to which he or she may be 
sent by his or her parents or guardians, and shall so certify to 
the board of education. — R. S. 5985 

352. Monthly report — discharge — recommitment. It shall 
be the duty of the principal or other person having charge of the 
school to which such child so released on parole may be sent, to 
report at least once each month to the superintendent of the 
parental or truant school, stating whether or not such child 
attends school regularly, and obeys the rules and regulations of 
such school; and if such child so released upon parole shall be 
regular in his or her attendance at school, and his or her conduct 
as pupil shall be satisfactory for a period of one year from date, 
on which he or she was released upon parole, he or she shall then 

174 



TRUANT SCHOOLS §§ 353-355 

be finally discharged from the parental or truant school, and shall 
not be recommitted thereto, except upon petition as hereinbefore 
provided.— B. S. 5986 

353. Violation of parole — penalty — second parole. In case 
any child released from school upon parole, as hereinbefore pro- 
vided, shall violate the conditions of his or her parole at any time 
within one year thereafter, he or she shall, upon the order of the 
county court, as hereinbefore provided, be taken back to such 
parental or truant school* and shall not be again released upon 
parole within the period of three months from the date of such 
re-entering; and if he or she shall violate the conditions of a 
second parole, he or she shall be recommitted to such parental or 
truant school, and shall not be released therefrom on parole, until 
he or she shall remain in such school at least one year. — B. S. 5987 

354. Incorrigible — committed to reformatory. In any case 
where a child is incorrigible and his or her influence in such 
school shall be detrimental to the interests of the other pupils, 
the board of education may authorize the superintendent or any 
officer of the school to represent these facts to the county court 
by petition; and the court shall have power to commit said child 
to some juvenile reformatory. — B. S. 5988 

355. Established in cities over 25,000, under 100,000. The 

boards of education in cities having a population of over 25,000 
and less than 100,000, may establish, maintain and operate a 
parental or truant school for the purpose hereinbefore specified, 
and in case of the establishment of such a school, the boards of 
education shall have like power in their respective cities as here- 
inbefore expressed ; provided, that no board of trustees or board 
of education under this section shall put this law into effect until 
submitted to a vote of the people and adopted by a majority vote 
at some general election, in which case school districts in the 
same municipality may unite in the establishment and mainte- 
nance of one such truancy school. — B. S. 5989 



175 



APPENDIX 



§§ 1, 5 



ndi 



Appenaix 

s 1 

Saloon certain distance from school. 

a. The state legislature has authority to regulate the traffic of in- 
toxicating liquors, and such authority under constitutional restrictions 
can be delegated to cities and towns; and an ordinance prescribing the 
distance a saloon may be maintained from the school building is valid. — 
Keil Kopf v. Denver, 19 C. 325 

Requires study of hygiene and physiology in schools. 

1. The act providing for the study of the nature of alcoholic drinks 
and narcotics, and their effect upon the human system, requires the 
study of physiology and hygiene in all the public schools throughout the 

state. 

Prohibiting sale intoxicating liquors to minors. 

2. Sections 1811 to 1815, Revised Statutes, prohibits the sale of in- 
toxicating liquors to minors, and prohibits any keeper of a saloon, 
gambling house, billiard hall, house of illfame, or obscene plays from 
allowing any minor therein, except when accompanied by his parent 
or guardian. 

Distance saloon from school building. 

3. The laws of Colorado make no provision concerning the distance 
a saloon may be maintained from a school building. 

§ 5 

Courts no right to interfere in decisions of state board. 

a. Section 5 of the School Laws Annotated authorizes the county 
superintendents to entertain an appeal from the action of the school 
board in closing school, and clothes such officer with jurisdiction to hear 
and determine the matter, subject to appeal, as provided for by section 
11, to the state board of education, the latter decision being final; and 
such proceeding being provided by statute, the courts have no right to 
interfere. — School District v. County Superintendent, 36 C. 393 

Courts can inquire into final decision. 

b. The statutory provisions conferring power upon district school 
boards, county superintendents and the state board of education to de- 

179 



§ 5 APPENDIX 

cide questions of law and fact, and making the decision of the county 
superintendent final unless appealed from, and if appeal to the state 
board making its action final, does not make such decision final in the 
sense that the courts cannot inquire into their correctness. — People v. 
VanHorn, 20 C. A. 215 

Teacher discharged need not appeal. 

c. A public school teacher engaged for a specific term, who is dis- 
charged without cause, need not rely upon the statutory right of appeal 
from the decision of the board, but may bring action to recover in the 
courts; and the rule in the teacher's hand-book that the tenure of office 
of all teachers, regardless of contract, shall be at the pleasure of the 
board, is no defense to such action. — School District v. Hale, 15 C. 367 

Mandamus not control discretion. 

d. Mandamus will not lie to control the discretion of a public school 
official.— Keefe M. & I. Co. v. School District, 33 C. 513 

Courts can inquire into final decisions. 

e. The statutory provisions conferring power upon district school 
boards, county superintendents and the state board of education to de- 
cide questions of law and fact, and making the decision of the county 
superintendent final unless appealed from, and if appealed to the state 
board making its action final, does not make such decision final in the 
sense that the courts cannot inquire into their correctness. — People v. 
VanHorn, 20 C. A. 215 

State board cannot change boundaries. 

f. The state board of education has no power, upon appeal from 
the county superintendent, to change the boundaries of a school dis- 
trict as established by the electors. — People v. VanHorn, 20 C. A. 215 

Electors fix boundaries new district. 

g. After a petition to organize a new school district out of a por- 
tion of one or more old districts has been presented to the county super- 
intendent, and he is determined that the school interests will be best 
promoted by such organization, the sole power to determine the organi- 
zation of such district and the boundaries thereof is vested in the elec- 
tors; and such a district cannot be organized or its proposed or estab- 
lished boundaries changed by the board of directors, the county super- 
intendent, or the state board of education. — People v. VanHorn, 20 C. A. 
215 

Court can review validity of decision of state board. 

h. In a mandamus proceeding to compel a county superintendent 
to perform a ministerial duty, a decision of the state board of education 

180 



APPENDIX § 5 

being pleaded in defense, and the jurisdiction of the state board to render 
the decision and the correctness thereof are raised by the reply, the court 
has jurisdiction to determine the validity of such decision. — People v. 
VanHorn, 20 C. A. 215 

Appeal — when, how and by whom taken. 

l r An appeal to the state board of education cannot be taken except 
by a person or board of directors aggrieved by an order or decision of 
the county superintendent. 

2. It is not good practice for one county superintendent to overrule 
the decision of a former county superintendent upon the same point, but 
the person feeling aggrieved, should file a protest in writing with the 
present county superintendent, who should confirm the former ruling, and 
the aggrieved person can then appeal to the state board of education, in 
accordance with section 11, School Laws Annotatea. 

Appeal from grading examination papers. 

3. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superintend- 
ent to recognize examination papers prepared under the supervision of 
the county superintendent of another county, as this is mere matter of 
comity between county superintendents, and therefore, whenever a 
teacher appeals from the refusal of a county superintendent to accept 
such papers and mark them and issue a certificate thereon, the board of 
education has no other course than to dismiss the appeal. 

4. In case of appeal from the decision of county superintendent to 
the state board of education bp the applicant for certificate at a regular 
examination, the certificate, if any, issued to said applicant upon such 
examination, should accompany the papers sent to the state board. 

5. The state board of education has no authority to pass upon a 
teacher's examination papers except on formal appeal. 

May continue school during pendency of appeal. 

6. A person holds a certificate that expires September 8. He begins 
school under contract on September 1. He fails to obtain a certificate 
in the examination held on August 29-30, and appeals to the state board 
of education. Held, that he may continue his school during the pendency 
of an appeal. ' 

State board may order certificate issued. 

7. The state superintendent has no authority to grant a certificate 
to teach except when directed to do so by a vote of the state board of 
education in cases of appeal or upon a state examination. 

Appeal from change of boundary. 

8. In the absence of a showing to the contrary, it will be presumed 
that the county superintendent complied with the law in hearing and 

181 



§ 14 APPENDIX 

determining the appeal, and therefore that the change of boundary was 
properly made; but even in the absence of such showing, as these two 
districts have continued to exercise undisputed the prerogatives and en- 
joy the privileges of legally formed districts for a period of nearly 
twelve years, they will now be considered legally formed districts. 

9. The action of the county superintendent in dividing a district 
or forming a new district can be reviewed only on the ground of his 
abuse of discretion. 

§ 14 

Lien law not applicable to school buildings. 

a. The provisions of the mechanics' lien law cannot be applied to 
public school buildings. — Florman v. School Dist. 6. C. A. 319 

No provision for petition. 

1. No provision is made by law for petitioning the school board to 
call an election for voting bonds. 

Qualifications for voting on bonds. 

2. If a person has paid any one year's school tax during the year 
immediately preceding the election regarding the question of refunding 
bonds, and is otherwise qualified, he is entitled to vote at such election. 

3. If real estate is in the names of both man and wife, even though 
the tax receipt shows but one name, both are legal voters. 

4. If a man has given his wife part of his real estate, but no deed 
has yet been given to the wife, even though she has paid taxes upon the 
same, she has not the right to vote. 

5. A person who has been assessed for taxes, but has as yet paid 
no taxes in the district, would not be entitled to vote. 

6. If property is in the wife's name, but the tax receipt is in the 
husband's name, the wife would have the right to vote, and not the 
husband. 

7. On the question of bonding a district, those electors have the 
right to vote "who have paid a school tax therein in the year next pre- 
ceding the said meeting." The word "year" is construed to mean the 
twelve months immediately preceding the meeting or election. 

8. In the case of a woman and her husband, each owning property, 
the woman's property being real estate, and the county records showing 
that she is the bona fide owner ,of the property and pays the taxes, the 
fact that in listing the property of the husband and wife the assessor 
made only one list, and that in the husband's name, would not take away 
the right of the woman to vote at a school meeting called to vote upon 
bonded indebtedness; but the woman should be provided with a tax re- 
ceipt or a certified statement from the county treasurer, showing that she 
has paid a tax for the year preceding the date upon which the question 
of the bonded indebtedness was decided. 

182 



APPENDIX §§ 14-15 

9. Voters who have paid a school tax within the year upon prop- 
erty" which at the time of the tax was paid in another school district, 
hut at the time they offered to vote on the question of issuing bonds was 
by annexation in the district where they offered to vote, are legally qual- 
ified to so vote. 

Certificate of indebtedness. 

10. The constitution of Colorado prohibits the creation of a debt by 
loan for building purposes in any other way than by a vote of the elec- 
tors. While a certificate of indebtedness cannot be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt in- 
curred by building. 

11. There is no authority in law for issuing certificates of indebt- 
edness by school districts. However, it is frequently done to tide over a 
difficult year. 

Funding floating debts. 

12. A special election may be held for the purpose of submitting 
the question of bonding the district for funding floating debts within the 
limit specified in section 13. 

In consolidated districts. 

13. There is no statute which makes several districts, consolidated 
under the act of 1909, liable for the bonded indebtedness of one of the 
districts. It seems that the property originally bonded will have to pay 
the indebtedness due. 

In joint districts. 

14. Bonded indebtedness may be contracted by a joint district in 
just the same manner as by a single district; provided that the law is 
complied with in each county so as to have the taxes assessed upon all 
property in the district. 

§ 15 

Bonds issued in excess of limitation — Innocent purchaser. 

a. A school district which had ample power to create a general 
indebtedness for the purpose of erecting school houses, and which ex- 
ercised such power by a vote of its electors, at an election duly held, 
to borrow a sum of money for that purpose, and by borrowing such 
money and using it in the building of a school house, is liable to the 
lender for its repayment, and cannot avoid such liability because the 
lender innocently accepted bonds for the amount, which, by reason of a 
limitation on its power to issue bonds, were void ab initio; and a subse- 
quent purchaser of the bonds from the original holder is subrogated to 
his rights against the district. — Geer v. School Dist. No. 11, Ouray Co., 
Ill F. 682 ('01) 

183 . 



§ 15 APPENDIX 

Indebtedness liquidated by concurrent taxation not limited 
by this section. 

b. Under Const. Colo., Art. 11, Sec. 7, and the statutes of the state 
in force in 1892, a school district of the third class has power, when au- 
thorized by a majority vote of the qualified electors, to incur an indebt- 
edness, without limit as to amount, for the purpose of procuring sites 
and erecting school houses thereon, which the statute makes it the duty 
of such district to provide. The only limitation upon such power is the 
provision of two Mills, Sec. 4057, that "in no case shall the aggregate 
amount of bonded indebtedness of any school district exceed three and 
one-half per cent, of the assessed value of the property of such district," 
which, construed in the light of the other constitutional and statutory 
provisions, does not affect the power to create a general indebtedness, 
to be liquidated by concurrent taxation. — Geer v School Dist. No. 11, 
Ouray Co., Ill F. 682 ('01) 

Maximum amount issued. 

1. In estimating a maximum amount of bonds that can be issued by 
a school district, the estimate must be based upon the last complete as- 
sessed valuation. 

Cannot create debt, except. 

2. A school district has no right to create a debt, except through 
bonding in accordance with the provisions of section 13, provided that 
warrants may be issued after the annual levy has been made and the 
funds to pay them are actually in the treasury; but the total sum of 
such warrants must not exceed the revenue of the district for the year 
in which they are issued. 

3. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the reve- 
nues of the district for the current year; therefore an arrangement for 
issuing warrants payable in one, two and three years, the qualied voters 
to vote a levy to be collected in one, two and three years to pay the 
warrants, would not be legal. The voters have no authority to vote a 
levy except for the current year. It would, therefore, only be possible 
to raise the money by voting bonds for the amount if the electors do 
not wish to levy the whole tax in one year. 

Certificates of indebtedness. 

4. No warrants can be issued in excess of the revenue, but a certifi- 
cate of indebtedness should be issued, payable out of the revenues of 
the succeeding year; and it would be the duty of the board during the 
succeeding year to draw a warrant for its payment. 



184 



APPENDIX §§ 16, 20, 23 

§ 16 

Substantial compliance with statute. 

a. An election to determine whether a school district shall issue 
its bonds for a purpose authorized by statute will not be invalidated by 
technical irregularities, no prejudice to any person appearing, e. g. the 
failure to publish the notice of the election for the full time prescribed 
by statute; or the failure of the school board, who acted as judges of 
the election, to certify to themselves the result of the election, before 
canvassing the vote, as expressly required by statute. (Laws 1909, C. 
205, Sec. 7.) — Investment Company v. School District 26 C. A. 362 

Ballot box, when open. 

1. It is lawful for the ballot box, for voting on the question of bond- 
ing the district, to be open at the same time as the one for the election 
of school officers. 

§ 20 

Substantial compliance with statute. 

a. An election to determine whether a school district shall issue its 
bonds for a purpose authorized by statute will not be invalidated by 
technical irregularities, no prejudice to any person appearing, e. g. the 
failure to publish the notice of the election for the full time prescribed 
by statute; or the failure of the school board, who acted as judges of the 
election, to certify to themselves the result of the election, before can- 
vassing the vote, as expressly required by statute. (Laws 1909, C. 205, 
Sec. 7.) — Investment Company v. School District 26 C. A. 362 

b t The directors having themselves acted as judges of the election, 
their failure to certify to themselves what was already within their knowl- 
edge had not the effect to invalidate the election. — Investment Company v. 
School District 26 C. A. 362 

§ 23 

Government land not taxable. 

a. A tax levy for the bonded indebtedness of a school district must 
be limited to the real estate taxable at the time the bonds were voted, 
and, since government land is not taxable, parties acquiring title thereto 
subsequent to the voting of the bonds and when the property is located 
in a new district take it free from taxation for such purpose. — Calla* 
way v. D. & R. G. R. R. Co., 6 G. A. 284 

Surplus special fund pay past indebtedness. 

1. If any surplus funds remain in the special fund over what is 
necessary to meet the regular current expenses of the district, such sur- 
plus may be used to pay past indebtedness. 

185 



§§ 29, 34, 40 APPENDIX 

£ 29 

Surplus fund may be applied on bonded indebtedness. 

1. The extra money in the special fund may be used to apply on 
bonded indebtedness. Provided, That the other necessary expenses of 
the school have been met, or Provided, That there is sufficient money in 
the general fund to meet the necessary expenses of the school. 

§ 34 

Government land not taxable. 

a. A tax levy for the bonded indebtedness of a school district must 
be limited to the real estate taxable at the time the bonds were voted, 
and, since government land is not taxable, parties acquiring title thereto 
subsequent to the voting of the bonds and when the property is located 
in a new district take it free from taxation for such purpose. — Calla- 
way v. D. & R. G. R. R. Co., 6 C. A. 284. 

Lands not subject to tax. 

1. Lands to which title has not been obtained from the government 
at the time school bonds are issued by a district of which such lands form 
a part are not subject to tax for the payment of such bonds. Hence, if 
said lands are set off or detached from the district before title is per- 
fected, they are not subject to a bond tax in the original district when 
title is complete. 

Lands subject to tax. 

2. State or government lands occupied under contract of purchase, 
title having already been acquired and land deeded, are subject to assess- 
ment the same as other lands for the payment of bonds issued by the 
school district of which they form a part, or such portion of said bonds, 
if any, that remain unpaid; Provided, "That said lands were deeded be- 
fore said bonds had matured." 

3. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the orig- 
inal district. 

§ 40 

County high school right to issue bonds. 

1. Having considered the relation in which the above law stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in the 
exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 40 of School Laws Annotated. 

186 



APPENDIX § 48 

§ 48 I 

Certificate — how questioned. 

a. The only condition precedent to the employment of a teacher in 
the public schools of any county in this state is that such teacher shall 
have a certificate from the county superintendent of schools of the 
county, in full force at the date of the employment, and in the absence 
of fraud, a certificate to teach is in the nature of a commission, and not 
subject to collateral attack. School Dist. No. 25, Jefferson Co. v. Stone, 
14 C. A. 211 ('00), 1 jColo. Dec. 82, 59 P. 885 

Revoking certificate after discharging. 

b. A school board of a first class district, after discharging a teacher, 
has no authority to revoke a certificate theretofore issued to him so as 
to prevent his recovery for the unexpired term. — School District v. 
Shuck, 49 C 526 

Teacher discharged only upon hearing. 

c. Under the law providing that a teacher can be discharged only 
on good cause shown, there must be a specific accusation, notice and evi- 
dence placed before the board in its official capacity, and a hearing given 
the teacher to refute the charge; and where some of the members of the 
board, in an unofficial capacity only, inquired around and found some 
basis for neighborhood rumors ot immorality, and upon such evidence 
the board gave the teacher leave of absence, with instructions to clear 
up the matter and discharged him upon failure so to do, is not a com- 
pliance with the statute, and such discharge is illegal. — School District v. 
Shuck, 49 C. 526 

Teacher employed without license, how. 

d. Although the law prohibits a school board from employing a 
teacher having no license to teach at the date of such employment, and 
further provides that a teacher who shall commence teaching without 
such license shall forfeit all claim to compensation, yet a school board 
may engage a teacher to begin teaching at a future date, conditioned 
upon her obtaining such license prior to the beginning of the school;' 
and when such license is obtained and the school commenced, the en- 
gagement ripens itto a valid contract. — Hotz v. School Dist., 1 C. A. 40 

Certificate not collaterally attacked, except. 

e. In an action by a teacher for wages under a contract, his cer- 
tificate from a county superintendent cannot be collaterally attacked 
except for fraud. — School Dist. v. Stone, 14 0. A. 211 

Life of first grade certificate— renewal. 

1. The life of a first grade certificate is three years. Such certifi- 
cate may be renewed for a like term by the county superintendent in the 
county in which it was originally issued at any time before its expiration. 

187 



§ 48 APPENDIX 

2. A first grade certificate cannot be renewed if presented for re- 
newal after the expiration of the time for which it was issued. 

3. A first grade certificate may be renewed any number of times, 
without examination, in a county in which it was originally issued. 

4. A first grade certificate issued in one county cannot be renewed 
by a county superintendent of another county, but he can issue one of 
like grade, which shall not show the standing in different branches nor 
be subject to renewal. 

5. The fact that a teacher failed to pass the examination in another 
county would not affect the standing of the first grade already obtained 
by her. It is entirely optional with the county superintendent as to 
whether a first grade certificate shall be renewed or not. 

6. The law provides that a first grade certificate may be renewed 
by the county superintendent of the county in which it was issued. 
Since Adams county is a portion of that territory in which the certificate 
was issued, it may be renewed at the discretion of the county superin- 
tendent. 

Experience necessary for first grade certificate. 

7. There is no law concerning the practical experience in teaching 
to be considered in issuing a certificate of any grade except in the pre- 
scribed rules and regulations governing county examinations of teach- 
ers, which rules are sent from this office. Rule 14 definitely states ap- 

«, plicants for certificates of the first grade shall have taught successfully 
for at least one year. 

8. The one year's successful teaching required for eligibility to a 
first grade certificate is not restricted to teaching in Colorado. 

9. The year's experience required for a first grade certificate is con- 
strued to mean twelve months. 

10. There is no provision in the Colorado school law crediting teach- 
ers with a year's experience who have taught the blind, deaf, or mentally 
deficient, for one year. 

Duplicates. 

11. A duplicate first grade certificate, while in force, can be renewed 
just as if it were the original. 

12. The law makes no provision for the writing of a duplicate cer- 
tificate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained by a county superintendent to write 
a duplicate certificate in case the holder of the original gives proof of 
its being lost or destroyed. 

13. In case of loss of original certificate, upon written statement 
thereof, a duplicate may be issued by the county superintendent of the 
county in which original was issued. 

188 



APPENDIX § 48 

Like grade certificates. 

14. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county superin- 
tendent. 

15. The county superintendent has the power to issue a like grade 
certificate upon a renewal of a first grade certificate issued in another 
county; that is, a renewal made hy the superintendent in the county in 
which the certificate- was originally issued. There is nothing compulsory 
in regard to the issuing of a like grade certificate. If, in the judgment 
of the county superintendent to whom the certificate issued in another 
county is presented, it seems hest that the applicant should take the 
examination rather than that the renewed certificate shall be recognized 
by a like grade, he has absolute authority to do so. 

16. A like grade certificate cannot be issued on a second grade cer- 
tificate, though such second grade certificate has a first grade average. 

17. A like grade certificate is not renewable, and expires at the 
time the original certificate expires. 

18. A certificate of like grade from one county cannot be endorsed 
by a county superintendent of another county; but if the first certificate 
upon which the like grade was issued is still in force, another like grade 
certificate upon it can be issued in another county. 

19. The life of a like grade certificate is concurrent with that of 
the original in lieu of which it was issued. 

20. A like grade certificate may be issued in lieu of a first grade 
certificate which has been renewed in the county where issued. 

21. A like grade certificate may be issued in lieu of a first grade, 
even though the first grade show previous endorsement. 

22. A like grade certificate may be issued only to a person who is 
to teach in the county where such certificate is issued. 

Renewal optional with county superintendent. 

23. As it is entirely discretionary with the county superintendent 
whether or not a first grade certificate shall be renewed or recognized 
by a "like grade," a first grade cannot in any case be considered equival- 
ent to a state certificate, which must be recognized in every part of the 
state during the life of the holder. 

24. A county superintendent may renew her own certificate under 
the same conditions as other renewals are made. 

Second grade certificate. 

25. A second grade certificate is not good for eighteen months' 
teaching; it is simply in force for eighteen months from the date upon 
which it was issued. 

26. There is no law authorizing a county superintendent to refuse 
granting a second grade certificate to an applicant meriting the same 
because of lack of experience in teaching. 

189 



§ 48 APPENDIX 

27. A second grade certificate cannot be legally renewed; neither 
does the law make provision for the issuing of a certificate of like grade 
on a second grade certificate. 

Third grade certificate. 

28. The nine months specified in issuing a third grade certificate 
means that the certificate is valid nine months from the date of the ex- 
amination upon which it was issued. It does not mean that it is good 
for nine months' teaching, no matter when the teaching may be done. 
The same rule holds good for the time specified upon a first or second 
grade certificate. 

29. The clause "Provided, however, That no more than two certifi- 
cates of the same grade shall be issued to the same person," is inter- 
preted as referring to third grade certificate. 

30. A third grade certificate issued to one who has previously held 
two third grades is invalid. 

First class districts — examinations. 

31. According to this section the school board of a first class dis- 
trict has the right to conduct an examination in such manner and at such 
time as the board may determine; therefore it may decide to hold the 
examination on consecutive days, or on irregular days, as desired. The 
school board has the right to prepare its own questions used in this ex- 
amination, or to authorize some person to prepare them, and the right 
to make rules and regulations governing examinations for certificates 
and for any special line of work, and have a legal right to renew cer- 
tificates without examination. 

32. Since the law provides that the certificates issued by the boards 
of districts of the first class must be of the same grades and under the 
same conditions as those specified in sections 48 and 165 of the school 
law, it follows that equal requirements must be made in districts of the 
first class as in other districts, and the board would not have the right 
to exempt the candidates from examination in one or more of the sub- 
jects specified in section 165 of the school law. 

33. Teachers' certificates issued by the board of directors of first 
class districts are reported to the county superintendent and a record 
kept of the same, but they are not renewed or endorsed; therefore, no 
fee would be charged for the registration of said certificates. 

34. There is no law authorizing second and third class districts to 
hold examinations for teachers to be employed by such districts. 

35. The laws of Colorado do not give county superintendents the 
slightest authority to recognize district certificates in any way, and such 
certificates are valueless so far as entitling their holders to a right to 
teach in other schools of the county. 

36. Until a first class district is fully organized, so far as its board, 
etc., is concerned, in conformity with the provisions of the law relating 
to first class districts, the board of the district would have no right to 
grant certificates to the teachers employed. Until the board was fully 

190 



APPENDIX § 48 

organized as a first class board the teachers employed in the district 
should he required to take the regular county examination. 

37. W/hen a district of the first class has issued a district certifi- 
cate in recognition of a first grade county certificate and such certifi- 
cate is revoked by the county superintendent, such revocation would not 
revoke the district board's certificate any more than it would if the 
board's certificate had been granted on some other evidence. 

38. In districts of the first class, the board may issue certificates 
without examinations to high school teachers who hold satisfactory evi- 
dence of adequate training for the work they are to do; but in districts 
of the second and third class such teacher must pass the regular county 
examination, and the examination shall extend to such additional 
branches of study as are to be pursued in the high school in which 
they are to teach. 

39. The school boards in first class districts have the right to 
conduct examinations. This section provides that said certificates "shall 
be reported to the county superintendent, who is to keep a record of 
same," and the county superintendent has the right to demand that the 
certificates be filed and it is his duty to see that they are so filed. 

40. The registration of a teacher's certificate is a matter between 
the county superintendent and the teacher and the right of appeal from 
the county superintendent's decision does not belong to a patron of the 
school but only to the school teacher. (Attorney General's Reports 
1905-6, page 169) 

Endorsedent of certificates. 

41. The endorsement of a first grade sertificate until the next ex- 
amination will not invalidate it in the county where issued. 

42. A second grade certificate endorsed "good until the next examin- 
ation" is good in any district of the county for such period of time. 

43. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this, or any other state, if the certificate be not in full 
force at the date of such endorsement. Should the board employ a 
teacher without a license to teach, all claim to compensation on the 
school fund for the term will be forfeited. 

Revocation of certificates. 

44. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of 
a district would not be lawful reason for revoking a certificate unless 
fraud of some kind could be shown. 

45. A teacher's certificate may be revoked for immorality, incom- 
petency, drunkenness or like cause; and if a person of bad habits who 
becomes intoxicated, or is a gambler, applies for a certificate such 
grounds would be sufficient reason for refusing it; but positive proof 

191 



§ 48 APPENDIX 

should be in the possession of the county superintendent before taking 
such action. 

46. If a certificate was obtained illegally, and the county superin- 
tendent has positive proof of the same, it would be sufficient reason for 
revoking it. 

Expired certificates. 

47. There is nothing that can be done in the case of an expired 
certificate of any grade. A second or third grade certificate cannot be 
renewed under any circumstances. The laws of Colorado do not permit 
the endorsement of expired cei'tificates, neither do they permit the hold- 
ing of special examinations. 

College diploma not license to teach. 

48. A college graduate from another state is not exempt from the 
regular county examination. 

49. A college diploma is not a license to teach in any public school 
in the state. 

50. Any private school of Colorado may lawfully grant certificates 
or diplomas indicating the work done by its students, but such certifi- 
cates or diplomas cannot be recognized by county superintendents in 
issuing county certificates. 

51. This commonwealth does not recognize certificates of any rank 
issued outside its own borders, and even when one is the holder of a 
degree from an institution of collegiate rank in some other state, the 
applicant is obliged to take an oral examination in practice teaching 
before the State Board of Examiners. A first-class district has the 
right to conduct its own examinations and isgue certificates by virtue 
of its own authority. 

Permits not granted. 

52. There is absolutely no authority in law for a temporary per- 
mit or certificate of any nature to teach in the public schools of this 
state. 

Appeals from county superintendents. 

53. Except in the case of a formally taken appeal from the action 
of a county superintendent in refusing to grant a certificate, the state 
board of education has no authority to pass upon the papers presented 
by an applicant at a teacher's examination. 

54. In case of appeal from the decision of county superintendent 
to the state board of education by an applicant for certificate at a reg- 
ular examination, the certificate, if any, issued to said applicant upon 
such examination, should accompany the papers sent to the state board. 

55. A person holds a certificate that expires September 8. He be- 
gins school under contract on September 1. He fails to obtain a certifl- 

192 



APPENDIX § 73 

cate in the examination held in August and appeals to the state hoard 
of education. Held, that he may continue his school during the pend- 
ency of an appeal. 

56. When a certificate is revoked by a county superintendent such 
revocation takes effect on the day named by him, and the holder thereof 
can not lawfully teach during the pendency of an appeal to the state 
board of education. 

Authority of state superintendent. 

57. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

58. The state superintendent has no authority to grant a certifi- 
cate, to teach except when directed to do so by a vote of the state 
board of education in cases of appeal or upon a state examination. 

59. The state superintendent has no authority to issue a temporary 
certificate or a certificate of any nature whatever. 

60. The state superintendent has no authority whatever to waive 
in any manner the requirements of law for a license to teach, nor to 
grant a temporary certificate or permit, nor to authorize a county su- 
perintendent to grant such certificate or permit. 

§ 73 i 

Law does not prohibit a pupil from being expelled. 

1. The compulsory attendance law does not prohibit a pupil from 
being expelled from public school, in proper cases. 

Parents cannot avoid law by sending children away. 

2. "When a boy's parents live in a school district they cannot avoid 
the provisions of the compulsory law by sending their son to another 
locality, the child and the parents being exactly as liable to the pro- 
visions of the law as if they were keeping him in town and he was not 
attending school. 

Demands of law not met by teaching German. 

3. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Instruction at home. 

4. The law provides that a child who does not attend the public 
school shall be taught at home in such branches as are usually taught 
in the public schools, subject to the same examinations as the pupils 
of the district in which the child resides. "Wlhile the law states that the 
child should be instructed by some person qualified, nothing is given in 
regard to a legal qualification, such as obtaining a teacher's certificate. 

193 



S§ 76, 79, 90 APPENDIX 

Instruction in private schools. 

5. The compulsory school law requires that children between the 
ages of eight and sixteen, attending a private school, should receive such 
instruction as would be an equivalent to that given in the public schools. 
It is the duty of the truant officer to investigate such cases and require 
whatever statements may be necessary concerning the work. 

Does not apply to deaf and blind. 

6.. Attendance is not compulsory at the state school for the deaf 
and blind. 

Duty of school directors — failure to perform — penalty. 

7. It is made the duty of any school directors of any school dis- 
trict in this state to inquire into all cases of neglect of a parent or 
guardian or other person having control of any child or children 
between the ages of 8 and 14 years, to send such child or children to 
school for a period of at least 12 weeks each year and to prosecute 
any person guilty of such neglect. Any director of any school district 
wherein an offense is committed under the act, failing to prosecute the 
same after it shall be brought to his attention, may be deemed guilty 
of a misdemeanor and upon conviction thereof, subjected to a fine. — 
Attorney General's Reports, 1893-4, p. 370 

§ 76 

School directors must enforce law. 

1. It is the duty of the school board to enforce the compulsory law. 
Complaint of its violation may be made by any elector of the district. 

§ 79 

Truant officers. 

1. The compulsory education law applies to children in the state 
between the ages of fourteen and sixteen, who cannot read and write 
the English language, or who are not engaged in some regular employ- 
ment; and therefore truant officers of the state are required to act with 
reference to such children, when the circumstances demand, as with 
children under the age of fourteen; also, county courts are required by 
law to take jurisdiction of such cases. 

Funds of district used to enforce law. 

2. The funds of the school district may be used to pay the expenses 
of procedure when it becomes necessary to compel parents to send 
children to school. 

§ 90 

Qualifications. 

1. In addition to other qualifications, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

194 



APPENDIX §§ 94, 95 

2. If the county superintendent fails to turn over to the county 
treasurer moneys received by him as required by law, and also does 
not turn over to his successor the records of the office, the matter should 
be called to the attention of the county commissioners. They may, by 
law, proceed in a civil action for the recovery of any moneys due the 
county. 

3. The county superintendent is also liable upon his bond for the 
improper performance of his duty. 

4. The office of the County Superintendent of Schools is established 
by our Constitution and cannot be abolished except by constitutional 
amendment. "When no election is held at the proper time or the Super- 
intendent elec; fails to qualify the incumbent holds until his successor 
is duly elected and qualified. — Attorney General's Reports 1905-6, p. 178 

§ 94 

County superintendent not entitled to compensation — when. 

a. There is nothing in the law imposing a duty upon county super- 
intendents to attend a district normal, and the county superintendent 
who does so is not entitled either to mileage or a per diem compensation, 
although he may be a member of the executive committee of the normal 
district. — Stevens v. Sedgwick Co., 5 C. A. 115 

Courts interfere with discretion of officer — when. 

b. The statutes vest in the county superintendent of schools a large 
discretion as to the services necessary to be performed by him in dis- 
charge of his official duty, and when he renders an account of his serv- 
ices and mileage to the county commissioners made out and verified 
as .required by law, no authority exists in the board to reject any item 
or charge upon inspection merely, unless it clearly appears therefrom 
that such item is incorrect or illegal; and courts are not disposed to in- 
terfere with the exercise of mere discretionary authority as every reason- 
able intendment is made in favor of the acts of public officers who are 
sworn to perform their official duties correctly so long as they appear 
to be acting in good faith with due care and discretion and within the 
limits of their conceded powers.— Smith v. Jefferson Co., 10 C. 17 

County superintendents entitled to compensation — when. 

1. County Superintendents of Schools will be allowed compensa- 
tion for attending the State Association of the County Superintendents 
providing the attendance at the meeting of the State Association was 
by order of the State Superintendent of Public Instruction. 

§ 95 

Necessary expenses. 

1. As to what might be considered necessary expenses other than 
those enumerated, would be a matter for the county commissioners to 
determine. 

195 



§§ 96, 97, 101 APPENDIX 

§ 96 

Deputy county superintendent — pay. 

a. There is no provision of law, except in counties of the first 
class, authorizing the payment of a deputy or assistant county superin- 
tendents, and the board of county commissioners have no discretion in 
the matter and cannot pay for such services from the county funds. — 
El Paso Co. v. Finch, 8 C A. 401 

Fractions of day not recognized. 

b. The law does not recognize fractions of days, and where a public 
officers compensation is fixed by a per diem for the time necessarily 
devoted to the duties of his office, such officer is entitled to the daily 
compensation for each day on which it becomes necessary to perform 
any substantial official service regardless of the time occupied. — Smith 
v. Jefferson Co., 10 C. A. 17; Garfield Co. v. White, 16 C. A. 516 

Deputy — compensation. • 

1. A county superintendent may employ some one to do the work 
incidental to his office, the person thus employed to be remunerated 
by the county superintendent, except that in counties of first class such 
assistant may be paid from county treasury. 

2. Deputy county superintendents, except in counties of first class, 
can only receive a per diem, such as may be fixed by county superin- 
tendent and allowed by the county commissioners, and a failure to pro- 
vide mileage leads to the conclusion that it was not intended that deputy 
superintendents should receive mileage at all. 

3. A county superintendent of a county of the first class may 
employ a deputy, whose salary shall be fixed by the board of county 
commissioners, and who shall be paid from the county treasury. 

§ 97 

Deputy not necessarily resident of county. 

1. Since there is no statutory law requiring the deputy or a county 
superintendent to be a resident of such county, where there is a joint 
district practically inaccessible to the county superintendent of the 
cne county, but easy of access to the county superintendent of the 
other county, the latter can be appointed a deputy of the former for the 
purpose of visiting such school in compliance with the law. 

§101 

County superintendents sue in official capacity. 

a. County superintendents have the right to sue in their official 
capacity, and may maintain such actions as are necessary to the ful- 
fillment of the duties of their offices; and to this end may bring an ac- 
tion to restrain a board of directors from employing a teacher without a 
certificate— Catlin v. Christie, 15 C A. 291 

196 



APPENDIX § 101 



Electors fix boundaries of new district. 

b. After a petition to organize a new school district out of a por- 
tion of one or more old districts has been presented to the county su- 
perintendent, and he is determined that the school interests will be best 
promoted by such organization, the sole power to determine the organiz- 
ation of such district and the boundaries thereof is vested in the electors; 
and such a district cannot be organized, or its proposed or established 
booundaries changed by the board of directors, the county superintend- 
ent, or the state board of education. — People v. VanHorn, 20 C. A. 215 

Sale of schoool house — when void. 

1. A sale of a school house, unless authorized by vote of the elect- 
ors of the district, is void and may be set aside in the proper proceed- 
ings instituted by any elector of the district or by the «ounty superin- 
tendent. 

Separate reports sent — to whom. 

2. In a district where there are two schools, the district teachers 
should send in separate reports to the county superintendent and sec- 
retary. 

County superintendent may teach. 

3. There is nothing in the school law of this state to prevent a 
county superintendent from teaching in his county on account of his 
holding that office. 

County superintendent not entitled to salary as secretary. 

4. The law provides that the county superintendent shall be ex- 
officio a member and secretary of the county high school committee; 
and therefore, all services performed by him as said secretary is by virtue 
of his office of county superintendent and for which he is entitled to no 
further compensation than his salary as superintendent. 

Duties. 

5. It is necessary to publish the apportionment made to each dis- 
trict in some newspaper published in the county within one week of 
the close of each school year. 

6. More than any other person, the county superintendent is the one 
to look after that portion of the school fund arising from fines, forfeitures, 
etc. (Section 201 herein.) He should examine the books of the county 
treasurer, records and fee books of justices of the peace and clerks of 
courts, to ascertain whether or not the fines have been collected, and 
if collected, whether they have been placed to the credit of the proper 
fund and paid over. 

197 



§ 101 APPENDIX 



Can refuse examination papers from another county. 

7. Neither the state superintendent of public instruction nor the 
stale board of education have the power to compel a county superintend- 
ent to recognize examination papers prepared under the supervision of 
the county superintendent of another county, as this is a mere matter 
of comity. 

Illegal expenditure of funds — protest — suit to recover. 

8. Any elector of the district or the county supei'intendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
certificate. 

9. The county superintendent has the right and it. is his duty to 
protest against the registering of a school warrant when he has reason 
to suspect fraud, and if he has proof of fraud in connection with the 
warrant, he has the same right as an elector of the district to bring pro- 
ceedings to stop the payment of the warrant. 

10. "When funds are used in violation of the law, any elector of the 
district or any county superintendent has the right at any time after 
said funds have been so used, to bring suit to recover the same, the 
members of the school board that signed the illegal warrants being 
liable for the amount involved. 

Powers. 

11. The county superintendent's signature is of no legal value in 
drawing warrants. 

12. As between school directors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection 
of books and grading of schools. 

13. A county superintendent has the right to demand the resigna- 
tion of any member of a school board 1 who persistently violates the law, 
and the superintendent or any elector of the district has the right to 
institute proceedings for the same purpose, but the courts alone have 
power to remove such officer. 

14. Where a county superintendent calls a county institute or teach- 
er's association, he has not the right to rule that the district must pay 
the teacher the same as if she had taught school, although the school 
board has the right to allow the teacher such time and pay her for it 
upon request of the county superintendent, but the authority in the 
matter rests with the district board. 

15. The county superintendent is not authorized by law to appor- 
tion from the general school fund a per capita amount to a district high 
school for the pupils attending from other districts. 

198 



APPENDIX § 102 

16. If the board of directors of a district refuse to grant a school, 
the county superintendent would have no power to compel it to do so. 

17. If the school board is not informed as to cases of truancy, it is 
the duty of the county superintendent to take the matter up with the 
board. 

18. It is not only the right but the duty of a county superintendent 
to visit the schools of a joint district. She would have equal right, in 
the criticism of the school, with the county superintendent in whose 
county the school house was located. 

19. It is not within the power of the county superintendent to de- 
clare an election illegal, as it is the function of the courts to determine 
that matter. 

20. The county superintendent cannot serve as a member of a 
school board, for the general rule of law is that one person can not hold 
two offices that are incompatible. 

21. By section 219 herein, the county superintendent becomes ex- 
ofhcio secretary of the county high school committee, and by section 
231 becomes ex-officio a member of the union high school committees. 

§ 102 

Vacancies on board — how filled. 

1. The appointment of persons to fill vacancies in districts of 
the second and third classes is solely with the county superintendent. 
If a director is absent from his district 30 consecutive days, it is a valid 
reason for appointing his successor in office. 

2. Where a division of a school district places a member of the 
school board in the new district it works a vacancy in the board of the 
old district, and does not make such person a member of the board in 
the new district. A full board must be chosen in the new district and all 
vacancies in the old district filled by appointment made by the county 
superintendent. 

3. Vacancies in school boards of the second and third classes must 
be filled by appointment made by the county superintendent, and the 
person so appointed holds the position until the next annual school 
election. 

First class districts. 

4. The statutes give boards of directors of districts of the first class 
the entire authority to declare and fill vacancies, and with that author- 
ity, by necessary implication, goes the authority to declare vacancies, 
excluding the idea that a county superintendent may have that authority. 
The county superintendent has no right whatever to' hold that a va- 
cancy exists in the board of a district of the first class until such vacancy 
has been declared by the board itself, or by the courts. 

199 



§§ 103, 104 APPENDIX 

Failure to hold annual election. 

5. In case a school district has not held its annual meeting to elect 
officers and vote a tax and a special election is not called within ten 
days, it becomes the duty, of the county superintendent to appoint to 
the vacant positions, and the duty of the county commissioner to levy 
the tax for the district. This Is in accordance with the latter part of 
section 331 of the school law. 

Director must reside in district. 

6. The law requires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily fol- 
lows that, in order to remain such director after election, he must con- 
tinue to reside therein; and when he permanently removes from his 
district, he ceases at that instant to be a director. 

§ 103 

Recording boundaries ministerial duty. 

a. The recording by the county superintendent of a description of 
the boundaries of a newly organized school district and preparing a map 
of the same is purely a ministerial duty, and may be enforced by a writ 
of mandamus. — People v. Vanrforn, 20 C. A. 215 

Boundaries of district. 

1. District boundaries can only be established as specified in the 
school law; they cannot be fixed by agreement on the part of members 
of the school boards. 

2. A county superintendent has not the right, after boundaries are 
established in a new district, to record "amended boundaries" for all the 
districts, upon his own motion, changing them from what they were at 
first. 

§ 104 

Purpose of census — residence of children. 

1. The census should include all persons of school age who are 
bona fide residents of a district, April 10. The purpose of the census is 
to determine what persons are actually residents of the district and en- 
titled to school privileges in order that such persons may receive the 
benefit of the state and county funds. Persons between the ages of 6 
and 21 years are entitled to be placed upon the census roll of the district 
if actually living within the district but not otherwise; and if the names 
of such persons appear on the census roll tthe county superintendent 
may cause same to be stricken therefrom. The phrase of this section 
which fixes the residence of a child of school age in the district where 
"the parents or guardian" reside must be construed to mean that such 
residence must be identical with that of the parents or guardian who 
has custody of such child. — Attorney General's Reports 1897-8, page 135 

200 



APPENDIX § 104 

Residence defined. 

2. The word "residing," as used in section 283, has reference to a 
permanent residence, and a person's permanent residence is his voting 
place. 

3. If persons spend the winter in town, voting in the town in the 
fall and return to their homes in another district less than thirty days 
previous to a school election, they are not entitled to vote. 

4. That place is considered the residence of a person in which his 
habitation is fixed, and to which, whenever absent, he has the intention 
of returning; so a person should not be held to have lost his residence 
on account of leaving home and going into another county or state for 
temporary purposes merely, with the intention of returning. 

5. Residence under the school law means a person's real home, not 
a temporary abiding place; and when people move into a town with 
children at the beginning of school, expecting to return to their former 
home at the close, they cannot claim residence, and the school board has 
a right to charge tuition. 

6. If a family move into a school district for school purposes, and 
during the school year remove therefrom, they are not residents of such 
district, within the meaning of the school law. 

7. If a person is holding a homestead claim in good faith, his resi- 
dence is in the school district in which the homestead is located. 

8. The fact that a person pays taxes in two counties does not give 
him the right to send children to school in both counties; as a person's 
residence can only be in one place, the permanent home determines the 
proper school district. 

9. It would not be legal to enroll the persons of school age belong- 
ing to the state industrial school in Jefferson county upon the census 
lists of the school districts where the schools are located, providing such 
persons have a residence elsewhere. The names of such persons would 
appear upon the census lists and would draw from the general school 
fund for the benefit of the districts in which is their true residence, and 
the state makes its own special provision for the education of such per- 
sons in the industrial schools. 

Children's residence, where. 

10. In the case of a family residing in good faith upon a homestead 
on the 10th day of February, for the purpose of proving up on the same, 
the children of school age should be listed in the district in which the 
homestead is located, although the family, for the purpose of attending 
school, may reside during school months in another district. However, 
if the parents vote in the latter district, they are not residing upon the 
homestead in good faith, and in such case the children should be listed 
in the district where the parents vote. 

11. If the mother votes in a certain district, living there with the 
children, that would be her residence, and the children should be en- 
rolled in such district. 

201 



§ 105 APPENDIX 

12. In the case of families living in one school district but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside. 

13. A child who is living with a bona fide resident of a district, and 
dependent upon such resident for a living, is entitled to attend school in 
such district free, though the parents of such child are living in another 
district. 

14. If parents own no home in a particular district, but rent while 
the children go to school, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch is 
located should enroll the cnildren upon the census list. 

Minor's residence, where. 

15. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home at school or at 
work. 

16. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is a 
bona fide resident. 

17. Deaf mutes and blind persons between the ages of six and 
twenty-one should be included in the school census. 

18. In determining the residence for the purpose of taking school 
census it does not matter where the unmarried person of school age 
may be whose parents or guardian live in the state. The residence of 
such person is fixed by the bona fide residence of the parent or guardian 
and this must be determined by the census enumerator.— Attorney Gen- 
eral's Reports, 1893-4, page 171. 

Renter's residence, where. 

19. If renters renting by the year, and having no other home, send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

20. If renters rent by the month, leaving when school is out, and 
having a fixed home elsewhere, the children should be enrolled in the 
district where the fixed home is located; but if they have no home else- 
where, although leaving when school is out, the children should be en- 
rolled in the district where they rent. 

Retain residence, how. 

21. A person may retain his residence in a district if, at the time of 
leaving the district, it was his intention to return. 

§ 105 

Counties own general fund until when. 

a. The counties, and not the school districts, are owners of the gen- 
eral school fund until, at least, it is accredited to the several districts. — 
Cooke v. School Dist, 12 C 453 

202 



APPENDIX §§ 106, 107, 109 

Transfer of funds. 

1. If territory is added to a district after the annual census has 
been taken, the names of persons of school age residing therein should 
be added to the census list and the district given its per capita for such 
additional names. 

§ 106 

Basis of apportionment. 

1. According to the school law the county superintendent appor- 
tions the general fund among the districts according to the number of 
persons of school age, as shown by the census lists and reports of the 
districts for the school year immediately preceding, and what the per 
capita will be depends upon the amount of funds in the treasury and 
the number of children within the county. 

For new district. 

2. In regard to the distribution of funds upon the creation of a 
new district, a ruling or decision of the county superintendent should be 
taken thereon,, and if interested parties are not satisfied an appeal can 
be taken, as provided in the school law. 

§ 107 

Apportionment in case of removal. 

1. The laws do not permit the transfer of the per capita in case 
of pupils listed in one district and immediately moving to an adjoining 
district. 

§ 109 .'•■''. : ' < 

Counties own general fund until when. 

a. The counties, and not the school districts, are owners of the gen- 
eral school fund until at least it is accredited to the several districts. — 
Cooke v. School District, 12 C. 453 

Legal custodian of school funds. 

1. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his posses- 
sion any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. ' 

2. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no pro- 
visions for the handling of the funds. (See new law under "Funds"). 

203 



§ 112 APPENDIX 

Keep account school funds. 

3. The law does not require the county treasurer to keep several 
accounts of the special fund of a district. 

4. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

5. All moneys remaining to the credit of any district on June 30 
shohld remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 

Penalties — fines. 

6. As a rule the money for schools derived from fines, penalties, 
etc., should be turned into the general school fund of the county unless 
otherwise expressly provided by statute, rather than into that of a par- 
ticular district; although fines assessed by justices of the peace may, in 
some cases, go to the credit of the school district in which the action 
occurred. 

7. The county treasurer is responsible if moneys are turned into the 
wrong fund by him. It is his duty to place money collected from fines, 
forefeitures, etc., to the fund designated by law. 

§ 112 

Warrants. 

1. The total amount of school warrants issued must not exceed the 
amount of tax levy for the current year. The "current year" is identical 
with the fiscal year, beginning December 1st and ending November 30th. 
Warrants in excess of revenue for current year are void. 

2. It shall not be lawful for the officers of the district to issue 
warrants at any time in any amount in excess of the tax levy for the 
current year. 

3. The words "tax levy" must be construed to mean "the revenue of 
tbe district," including the county fund, the state fund and the fees de- 
rived from fines and penalties. 

4. If a school district, on account of some unforseen casualty or ex- 
pense, or for some unexpected failure of revenue, should incur an ex- 
pense in excess of the revenue, it would be its duty to levy a sufficient 
amount of tax the following year to pay such indebtedness, in addition 
to its expenses for said year. 

5. No warrants can be issued in excess of the revenue, but a cer- 
tificate of indebtedness should be issued, payable out of the revenues 
of the succeeding year, and it would be the duty of the board during the 
succeeding year to draw a warrant for its payment. (Attorney General's 
Reports 1897-8, p. 133) 

6. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 
It is not legal for the school board to make up the discount. 

204 



APPENDIX §§ 113, 115, 120 

7. In regard to the method of raising money to build a school build- 
ing, the law prohibits the issuing of warrants in excess of the revenues 
of the district for the current year; therefore an arrangement for issuing 
warrants payable in one, two and three years, the qualified voters to 
vote a levy to be collected in one, two and three years to pay the war- 
rants, would not be legal. The voters have no authority to vote a levy 
except for the current year. 

8. A teacher having agreed upon a stipulated salary, can receive 
the same only by warrants drawn by the district secretary and must 
take them for what they are worth. It would not be proper for the 
board to make up any discount thereon by an additional warrant. The 
board might however increase the salary at a regular meeting so as to 
cover such deficiency. 

9. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

10. It is unlawful for the officers of any school district to issue 
warrants at any time in an amount to excess of the tax levy for the cur- 
rent year; but in the absence of any fraud or abuse of trust in the issuing 
of school orders upon the county treasurer the directors of the school 
district issuing same cannot be held personally liable when there are 
no funds in the county treasury to pay them. (Attorney General's Re- 
ports 1893-4, p. 364) 

§ 113 

School orders cancelled when paid. 

1. Sections 116 and 128 herein provide that school orders, when 

paid by the county treasurer, shall be stamped as cancelled and returned 
to the school district treasurer, who shall send with the same the proper 
blank upon which due receipt may be made. 

§ 115 

Legal notice. 

1. A legal notice, under this section, is a publication for twenty 
days in some newspaper, published at the county seat of such county. 

§ 120 

Mandamus against school district. 

a. In an action of mandamus against a school district and the in- 
dividual directors to compel them to admit petitioner to the office of 
director, to which he claims to have been elected, the school district 
has no interest in the controversy and is not injured by the judgment 
in petitioner's favor. — School District v. Flanigan, 28 C. 431. 

Director — who may become. 

1. The length of residence required in Colorado to constitute eli- 
gibility to the office of school director is twelve months. 

2. The fact that an elector is not a taxpayer does not disqualify him 
from holding office, either by election or by appointment. 

205 



§§ 120, 121 APPENDIX 

3. The fact that two members of a school hoard are of one family, 
and the further fact that another member became a resident of the dis- 
trict for the sole purpose of becoming an officer, so long as he is an 
actual resident, would not affect the regularity of the organization of the 
board. 

4. There is nothing in the laws of Colorado to prevent a person who 
fills the office of district judge from also filling that of school director, 
the two offices belonging to an entirely different class. 

5. The mayor of a town may also legally hold the office of school 
director, inasmuch as the duties of mayor and school director do not 
conflict. 

6. The county superintendent cannot serve as a member of a school 
board; for the general rule of law is that one person cannot hold two 
offices that are incompatible. 

No vice-president authorized. 

7. There is no provision of law authorizing the election of a vice- 
president in any class district. (See new law of 1917.) 

Witness fees not allowed. 

8. School directors are not legally entitled to witness fees in a case 
where the district is a party. 

Secretary and treasurer — offices distinct. 

9. The law makes distinct specifications in regard to the separate 
offices of secretary and treasurer in a first class district, making those 
offices as distinct as in third class district, where different persons must 
be elected to the two offices. The business of the district could not 
be legally transacted with one person acting in the two capacities. 

§ 121 

Oath of directors. 

1. All school directors are required by law to file an oath of office 
with the county superintendent. This applies to all districts in Colorado, 
including those organized in cities existing under a special charter. 

2. The term of office of a school director does not extend until 
his successor is duly elected and qualified, but expires with the annual 
school election day at the close of the term for which he was elected or 
appointed. 

3. Failure of a school director to file oath within the time required 
by law does not create a vacancy in the office; Provided, he has taken 
the required oath before the proper officer within the required time. 

4. The secretary of a school district of the second or third class 
cannot administer the oath of office to the president. The oath may be 
administered by the president of any school board, or by the county 
superintendent and, of course, by any person such as notary public, jus- 
tice of the peace, etc.. qualified by law to administer oaths. 

206 



APPENDIX § 122 

5. It is lawful for a president of one school district to administer 
the oath of office to the board of another school district. 

Directors qualify in twenty days, 

6. The law provides that the directors shall qualify within twenty 
days after their election, and as there is no provision that directors who 
are elected to succeed themselves shall not files a new oath of office, such 
oath should be filed. 

7. A person elected to the office of director of a school district 
cannot legally qualify after the expiration of twenty days from election. 
By operation of the law, in case of failure of the director-elect to qualify 
within twenty days, the office becomes vacant, and the county superin- 
tendent should fill the vacancy. 

Vacancies — how filled. 

8. Vacancies in the board of directors in districts of the second or 
third class, through failure to qualify, or through absence from the dis- 
trict, death, resignation, removal or otherwise are to be filled by ap- 
pointment of the county superintendent until the ensuing regular election, 
at which time the vacancies shall be filled for the unexpired terms, not 
for regular full terms. 

9. To fill a vacancy on the school board in a joint district, the 
county superintendents of such district should confer, since their duties 
are joint and equal in such district, and appoint as a member of the 
board some one living in the district who would prove satisfactory to 
both counties. 

Bond of Directors. 

10. A county superintendent is the proper person to approve of the 
official bond of a school director, and if a person elected to that office 
cannot give a satisfactory bond, it works a vacancy in the board after 
twenty days from his election. 

11. The law requires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily follows 
that in order to remain such director, after election he must continue 
to reside therein, and when he permanently removes from the district 
he ceases at that instant to be a director. 

12. Upon the change of district boundaries directors who reside 
outside of new boundaries as established are no longer directors and the 
vacancies thus caused may be filled by the county superintendent of 
schools. (Attorney General's Reports 1897-8, p. 12.6) 

§ 122 

Meeting place — notice of meeting. 

1. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

207 



§ 123 APPENDIX 

2. A meeting of a school board cannot be properly held unless rea- 
sonable notice has been given to all members. 

§ 123 

Purpose of meeting. 

1. The above section provides relief for electors in case the board 
fails to make necessary provision for the school. 

2. The question of whether two or more contiguous school districts 
shall unite may be voted on at the annual school meeting in May, pro- 
vided the necessary notice for a special be given — that is, notices stating 
the purpose of the meeting must be posted at least twenty days before 
such annual meeting; and the notices for the annual meeting will be suf- 
ficient if, in addition to the notice of the election, a statement that the 
question of uniting with such contiguous district or districts will be 
voted upon. 

3. It is illegal to transact any business at a special meeting, except 
that for which such meeting was called. 

4. The location of a school house is for no definite time. A vote 
may be taken on the question of moving the school house as often as 
a meeting for the purpose can be legally called. 

5. It is illegal for two members of the board to transact business 
that has not been decided upon at a regular or special meeting of the 
board. If the specifications in regard to the digging of the well were 
definitely stated at a regular or special meeting, it would be necessary 
to call another meeting of the board to change those specifications. 

6. If a special school meeting has been legally called in a school 
district for the purpose of voting upon any question or questions men- 
tiond in said notice, a majority vote of those present decides the matter 
submitted. 

Notice of special meetings. 

7. The law provides that notices specifying the time, place and ob- 
ject of special meeting shall be posted in three public places, one of 
which shall be at the place of meeting, at least twenty days prior to 
the time of holding such meeting. This does not apply however to spe- 
cial elections for election of directors, the latter being governed by sec- 
tion 120 herein. 

8. A notice calling a special meeting is legal, even though the date 
of the notice has been omitted, if the notice has been posted the required 
number of days. 

9. More than one question can be voted upon at a special meeting 
of the electors of a third class school district; Provided, Elach question 
is separately stated in the notice of such meeting. 

10. A notice of public school district meeting which is signed and 
posted by the district treasurer instead of by the secretary is not for 
that reason invalid, tho the practice is to be condemned. (Attorney 
General's Reports 1899-1900, p. 138) 

208 



APPENDIX §§ 123, 124 

Who may call. 

11. At a regular meeting of a school board, two members of said 
board, constituting a quorum, can legally call a special meeting. 

Valid though not reported to county superintendent. 

12. In the case of a special meeting legally held the business there 
transacted would not be invalidated through the failure of the secretary 
to send a formal report to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a report. 

Taxes — when illegal. 

13. In the call or notice of special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors 
to vote for or against the levy thus proposed, without discussion or 
amendment. 

§ 124 

Secretary execute appeal bond. 

a. The provision that the president of a school board shall appear 
in behalf of the district in, all suits, does not prevent a secretary from 
executing an appeal bond, as a district may designate other agents than 
the president. — School Dist. v. Erskin, 1 C. 367 

Auditing of bills against district. 

1. The auditing of bills against a school district must be performed 
by the board of directors at a meeting thereof, and vouchers or warrants 
issued for the payment of such bills are legal only when issued by a 
vote of a majority of the board at such meeting and signed by the presi- 
dent. 

District warrants. 

2. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

3. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
at their face value. It would not be proper for the board to simply sup- 
plement, by an additional warrant, the shrinkage of irregular warrants on 
account of the discount in the market. The deficit may be made good 
by the hoard, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

4. A warrant sent to, and receiving the signature of, a director 
while absent from the state is legal. 

Suits against district. 

5. If a suit is brought against a district, it is the duty of the direc- 
tors to defend it and to employ an attorney if necessary, who may be 
paid from the district's funds; but if the suit is against the board of 

209 



§ 125 APPENDIX 

directors, or any of them, for failure tocomply with the law, any cost 
for defense must not be charged against the district. 

Vacancies. 

6. Vacancies in the board of directors in districts of the second or 
third class, through failure to qualify, or through absence from the dis- 
trict, death, resignation, removal or otherwise, are to be filled by appoint- 
ment of the county superintendent until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired terms, not for 
regular full terms. 

7. Absence from the district of any school officer when prolonged 
beyond thirty consecutive days may be held to work a vacancy in said 
office and gives the county superintendent a right to appoint some one 
else in his place. The fact that his absence was unavoidable and that 
his family remain in the district does not change the condition. 

8. If a director is absent from a district for thirty days, no matter 
whether he still retains his residence in the ^district and expects to re- 
turn to the district, the county superintendent should appoint a person 
to fill his place, if he considers that the educational interests of the 
district suffer through the absence of the original director. 

9. When a school director of a third class district removes his fam- 
ily from the district, going with them himself, but retaining his post- 
office address in the district and coming into said district once in thirty 
days only, he ceases to be a bona fide resident of such district and his 
office becomes vacant. 

10. If the director has permanently removed from the district, and 
the county superintendent refuses to declare a vacancy, or appoint a suc- 
cessor, such action by the board or county superintendent could be ap- 
pealed to the state board of education as in other cases. 

S 125 

Bond — Removal for failure to file. 

1. A secretary of a school district having been duly elected and hav- 
ing taken the oath required by law cannot he removed by the county 
superintendent for failure to file a bond before entering upon the duties 
of his office. — (Attorney General's Reports 1893-4, page 413). 

Duties of secretary. 

2. The secretary is the proper custodian of the books, papers and 
documents of a district school board, and is the one authorized to draw 
all warrants issued by the board, these to be countersigned by the presi- 
dent and treasurer. 

3. It is not the duty of the secretary of the board to draw a war- 
rant unless the order for such warrant appears upon the written records 
of the board. 

4. If a secretary of a school board should falsify his records, he 
would violate his bond. 

210 



APPENDIX § 125 

Census list. 

5. The census list may be sworn to before any officer authorized to 
administer oaths. 

6. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

7. Regarding the census list sworn to be correct by the secretary 
of the school board, there is no alternative but to accept the same unless 
th« matter is taken into court and a false affidavit was proved. 

Residence in district' — how determined. 

8. The fact that the head of a family pays a tax in a certain school 
district does not of itself give his children the privileges of the school 
in that district. 

9. Children may attend school free of charge only in the district 
in which their parents or guardians are bona fide residents. 

10. If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district for the winter, 
the same rule would apply. 

11. If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would not have the right to attend in another district, without 
paying tuition. 

12. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is, bona 
fide, a resident. 

13. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside, anl not in the district in which they 
attend school. 

14. Where a family resides regularly a part of the year in one dis- 
trict and a part of the year in another, the residence for school purposes 
should be the one held in good faith on the 10th day of February. 

15. That place shall be considered and held to be the residence of 
a person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

16. A person shall not be considered or held to have lost his resi- 
dence who shall leave his home and go into another state or territory 
or county of this state for temporary purposes merely, with the intention 
of returning. 

17. A non-resident of a school district is one whose permanent dwell- 
ing place is not within the boundaries of that district. 

18. The residence of a minor is the residence of his parents or guard- 
ian. 

211 



9 125 APPENDIX 

19. If a family move into a school district for school purposes and 
during the school year remove therefrom, they are not residents of such 
district, within the meaning of the school law. 

20. A person may retain his residence in a district, if, at the time 
of leaving the district, it was his intention to return. 

21. The word "residing," as useu in the school law, has reference to 
a permanent residence. 

22. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home, at school or at 
work. 

23. Every unmarried person under twenty-one is entitled to draw 
school money. 

24. The fact that a person pays taxes in two counties does not give 
bim the right to send children to school in both counties in which the 
taxes are paid: as a person's residence can only be in one place, and 
the permanent home determines the proper district. 

25. Residence under the school law means a person's real home, 
not a temporary abiding place; and when people move into a town with 
children at the beginning of school expecting to return to their former 
home at the close, they cannot claim residence, and the school board 
has a right to charge tuition. 

26. A child who is living with a bona fide resident of a district and 
dependent upon such resident for a living is entitled to attend school in 
such district free, though the parents of such child are living in another 
district. 

27. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

28. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

29. If renters rent by the month, leaving when school is out, and hav- 
ing a fixed home elsewhere, the children should be enrolled in the dis- 
trict where the fixed home is located; but if they have no home else- 
Avhere, although leaving when school is out, the children should be en- 
rolled in the district where they rent. 

30. If the mother votes in a certain district, living there with the 
children, that would be her residence and the children should be en- 
rolled in such district. 

31. A person of school age cannot be enrolled in the school census 
of a district in which he does not reside, though his father is employed 
and boards in said district and claims his residence therein, when it 
appears that such person of school age has never actually been in said 
district and when he actually lives in a foreign country or state or when 
be is properly enrolled in any other school district in this state. 

212 



APPENDIX § 126 

32. It would not be legal to enroll the persons of school age belong- 
ing to the state industrial school in Jefferson county upon the census 
lists of the school district or districts where the school is located, pro- 
viding such persons have a residence elsewhere. The names of such 
persons would appear upon the census lists and would draw from the 
general school fund for the benefit of the districts in which is their true 
residence, and the state makes its own special provision for the educa. 
tion of such persons in the industrial schools. 

33. If a married woman owns a home in the district, pays taxes on 
the same, and makes her home there during the greater portion of the 
year and has her children on the census list, she is entitled to send 
her children to the school in that district without paying tuition, although 
her husband may live on a farm in another district. 

34. Indian children of school age, living within the boundaries of a 
school district, should be included in the census list, but Indian children 
attending the Indian school should not be included in the district in 
which the Indian school is located, but in the district in which their 
parents live. 

35. Parents residing on a homestead claim cannot hold a residence 
in another district for the purpose of sending children to school. (At< , 
torney General's Reports 1897-8, page 122. 

Census of deaf and blind. 

36. Deaf mutes and blind persons between the ages of six and 
twenty-one should be included in the school census. 

Annexed territory — census. 

37. If territory is added to a district after tfie annual census of that 
district has been taken, the namesi of persons of school age residing in 
the annexed territory should be added to the census list of the enlarged 
district and the latter given its per capita for the total number. 

Apportionment of school fund based on census. 

38. The apportionment of the general school fund for the year be- 
ginning July 1st annually is based on the census list prepared, taken 
between the 10th day of February and 1st of April preceding, and there is 
no exception to this rule, except in case of formation 4 of new districts; 
nor is there any provision whereby this fund can be transferred from 
one district to another after said census has been taken. 

§ 126 

Secretary give notice. 

1. A meeting of a school board cannot be properly held unless rea- 
sonable notice has been given to all members. 

2. The secretary of tfie board would have no authority to post 
notices calling a meeting at any other than the regular place of meeting 
without the consent of at least one of the other members of the board. 

Valid though not reported to county superintendent. 

3. In the case of a special meeting legally held, the business there 
transacted would not be invalidated through the failure of the secretary 

213 



§§ 130, 131 APPENDIX 

to send a formal report to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a re- 
port. 

Special tax levy. 

4. The special tax levy should be made previous to sending in the 
annual report of the secretary of the district. The levy can be certified 
to legally by two members of the board. 

Secretary violate bond. 

5. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Notice for special tax. 

1. It would be legal to vote a special tax at an annual meet- 
ing by giving the legal notice; Provided, That such special tax, together 
with any other special taxes levied for the given year, does not exceed, 
the levy allowed to a district of your class. 

§ 130 

Failure to make annual report. 

1. A school district having kept up its organization and maintained 
a school the required time during the year, cannot be annulled for simply 
failing to make the annual report as this failure is chargeable to the 
secretary and if any damage ensues to the district he should be held on 
his bond. 

§ 131 

Warrants — signing of. 

1. The secretary is the one authorized to draw all warrants author- 
ized by the board; and the president and treasurer should countersign the 
same. 

2. School warrants should be signed by all three members of the 
board. 

3. A warrant drawn for a lawful indebtedness against the district 
is valid, although not countersigned by the district treasurer; but a 
county treasurer who pays a warrant not countersigned by the district 
treasurer, does so at his own risk, and if such warrant is not drawn for 
a lawful indebtedness, he is liable on his official bona. 

4. It is the duty of each member of the board of directors to sign 
all warrants drawn on the county treasurer in favor of parties to whom 
the district is lawfully indebted; but if any director refuses so to do 
there is no way to compel him except by mandamus proceedings in the 
courts. If, however, the county superintendent be cognizant of the fact 
and certifies that the warrant was drawn in payment of a legal debt, the 
county treasurer would be justified in paying such warrant although 
signed by only two directors, one of whom must be the president. 

214 



APPENDIX § 133 

5. In regard to the method of raising money to build a school build- 
ing, the law prohibits the issuing of warrants in excess of the revenues 
of the district for the current year; therefore an arrangement for issuing 
warrants payable in one, two and three years, the qualified voters to vote 
a levy to be collected in one, two< and three years to pay the warrants, 
would not be legal. The voters have no authority to vote a levy except 
for the current year. It would, therefore, only be possible to raise the 
money by voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

Warrants drawn for what purpose. 

6. Since no warrant is valid if drawn in favor of a person to whom 
the district is not lawfully indebted, the district has no authority to incur 
the debt for the payment of which the warrant mentioned was drawn. 

7. The only legal restrictions placed upon school directors in the 
matter of issuing warrants are that they must be issued to persons to 
whom the district is legally indebted, and the total amount issued must 
not be in excess of the special tax levied for the current year. 

8. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

County treasurer custodian of school funds. 

9. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of these parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. 

10. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts or the third class. The law makes no pro- 
vision for the handling of the funds. (See change by law of 1917). 

Legality of interest bearing warrants. 

11. The courts have never passed an opinion concerning the ques- 
tion of taxation of interest bearing school warrants. It cannot, there- 
fore, be stated at this time what rule prevails, it being for the courts* 
hereafter to interpret this question. 

§ 133 

Filing vacancy. 

1. In a first class district, when a vacancy occurs after the adver- 
tisement of the regular election, any person desiring to become a candi- 
date for director may do so by filing a written notice of such intention 
with the secretary of the board at least eight days prior to the day of 
holding election. If the vacancy occurs after eight days before elec- 
tion the board should fill the vacancy until the next regular election. 

215 



§ 134 APPENDIX 

Powers of board. 

2. A school board has a legal right to require such qualifications of 
teachers as seem to them to be for the best interests of the school, 
provided such qualifications do not conflict with those required by the 
state. 

3. The statute gives boards of directors of first class districts entire 
authority to till vacancies, and with that authority, by necessary impli- 
cation, goes the authority to declare vacancies, excluding the idea that 
a county superintendent may have that authority. The county super- 
intendent has no right whatever to hold that a vacancy exixsts in the 
board of a district of the first class until such a vacancy has been 
declared by the board itself, or by the courts. 

4. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

§ 134 

Certificate obtained after commencement of school. 

a. A teacher who at the time of her employment has a first grade 
certificate in full force in another county upon which her county superin- 
tendent agrees to issue a certificate of like grade, but does not do so 
until after the commencement of her school, is entitled at least to com- 
pensation from the date of such like grade certificate if she proceeds 
with the school.— School Dist. v. Ross, 4 C A. 493 

Lien law not apply school buildings. 

b. The provisions of the mechanics lien law cannot be applied to 
public school buildings. — Florman v. School Dist, 6 C. A. 319 

School property held in trust. 

c. All school property within the district is held by the board of 
directors in trust for the district for the benefit of the school. — Florman 
v. School Dist, 6 C. A. 319 

Injunction not lie to prevent discharge of teacher. 

d. Since school boards have power to summarily dismiss teachers 
for cause, injunction will not lie to restrain them from so doing, for if 
wrongfully dismissed the teacher's remedy is an action for damages. — 
School Dist. v. Carson, 9 C. A. 6 

Ratification of contract. 

e. Where a school board enters into a contract with a teacher and 
for ten weeks accepts her services and pays her wages, such action con- 
stitutes a ratification of the contract and the board is estopped from as- 
serting its invalidity. — School Dist. v. Stone, 14 C. A. 211 

216 



APPENDIX § 134 



Contract not made at formal meeting. 

f. Under the law authorizing a school board to employ teachers, it 
is not absolutely necessary tbat the contract be made at a formal meet- 
ing, and a contract agreed to by all members of the board and executed 
and signed by a majority of the board is binding, although not done at a 
regularly convened meeting. — School Dist. v. Stone, 14 C. A. 211 

Certificate — not collaterally attacked, except. 

g. In an action by a teacher for wages under a contract, his certifi- 
cate from a county superintendent cannot be collaterally attacked except 
for fraud.— School Dist. v. Stone, 14 C. A. 211 

County superintendents sue in official capacity. 

h. County superintendents have the right to sue in their official 
capacity, and may maintain such actions as are necessary to the ful- 
fillment of the duties of their offices ; and to this end may bring an action 
to restrain a board of directors from employing a teacher without a cer- 
tificate.— Catlin v. Christie, 15 C. A. 291 

Teacher discharged need not appeal. 

i. A teacher cannot be dismissed from the public schools without 
charged without cause, need not rely upon the statutory right of appeal 
from the decision of the board, but may bring action to recover in the 
courts; and the rule in the teacher's hand-book that the tenure of office 
of all teachers, regardless of contract, shall be at the pleasure of the 
board, is no defense to such action. — School Dist. v. Hale, 15 C. 367 

Teacher discharged for cause only. 

j. A teacher cannot be dismissed from the public schools without 
due notice and upon good cause shown, and when an action is brought 
to recover damages therefor the board can only justify by showing proper 
cause for dismissal in accordance with the statute. — School Dist. v. Mc- 
Comb, 18 C. 240 

Revoking certificate after discharging. 

k. A school board of a first class district after discharging a teacher 
has no authority to revoke a certificate theretofore issued to him so as 
to prevent his recovery for the unexpired term. — School Dist. v. Shuck, 
49 C. 526 

Appointment and acceptance create contract. 

I. A resolution of the directors appointing plaintiff a teacher for 
the ensuing school year and an acceptance of the appointment create a 
contract, and the requirement in the resolution that teachers must after 
a designated date hold a first grade certificate, is not a limitation but 
simply renders the employment subject to termination after such date 
if not complied with. — Nash v. School Board, 49 C. 555 

217 



§ 134 APPENDIX 

Control of instruction — pupils attending high school in another 
district at cost of own district. 

m. Section 15 of article IX of the construction vests in the direc- 
tors of every school district control of the instruction of the youth of that 
district, in the public schools. — School District No. 16 in Adams County 
v. Union High School No. 1 in Adams County, 60 C. 292, 152 P. 1149. 

The provision of subdivision 15 of Section 5925, Rev. Stat., as 
amended by c. 202 of the Acts of 1909, for the admission of a child of 
one district to the high school of another, at the cost of the first, is at 
war with the provisions of Section 15 of article IX of the constitution, 
vesting in the directors of every school district control of the instruc- 
tion of the youth of that district, in the public schools. — School District 
No. 16 in Adams County v. Union High School No. 1 in Adams County, 
60 C. 292, 152i P. 1149. 

Resolution of school board construed as contract. 

n. The vote of a school board to employ a teacher named is not an 
employment, if the circumstances show no intention to contract. 

Plaintiff and another were applicants for the position of principal 
to defendant's high school. Plaintiff received the votes of three out of 
the five members of the board, and the secretary was directed to notify 
him that he had been appointed. Previous to this meeting of the board, 
plaintiff had conversed with one of the members, and in this conversa- 
tion it was understood that the salary was twelve hundred dollars, and 
it appeared that the salary had been fixed at that sum and paid for the 
two previous years. Held, sufficient to warrant a finding that plaintiff 
was employed at the salary mentioned. — Ryan v. Mineral County High 
School District, 27 C. A. 63. 

Action for unlawful discharge. 

o. One employed as the principal of a high school is unlawfully 
discharged before the term of his services has commenced; but he is 
offered employment as superintendent of a grade school, at the same 
place, for the same time, and the same salary, on condition that he 
shall waive his claim for damages under the former employment. It is 
his duty to accept the employment so offered, and having rejected it, 
and brought an action for the unlawful discharge, he is entitled to only 
nominal damages. The character and grade of employment being sub- 
stantially the same, the fact that one was a step above the other is 
not sufficient to warrant the rejection of employment in the lower grade. 
But If the employment offered him, in the second place, had been uncer- 
tain as to salary or time of employment, or if he had been offered a less 
salary, he would have been under no duty to accept it upon the specified 
condition. — Ryan v. Mineral County High School District, 27 C. A. 63. 



218 



APPENDIX § 134 

Employment of unlicensed person. 

- p. Under Rev. Stat, Sec. 5990, a contract by a school board employ- 
ing as a teacher one who has no license to teach is absolutely void. — 
Sedgwick County v. Johnson, 26 Colo. App. 433, followed, 27 C. A, 300. 

A school board has no discretionary power to employ a teacher 
.who is disqualified by law.— Catlin v. Christie, 15 C. A. 291 ('00), 2 Colo. 
Dec. 336, 63 P. 328. 

Wrongful discharge. 

q. A school teacher wrongfully discharged, and securing employ- 
ment in a different locality, is entitled to an allowance for expenses rea- 
sonably incurred in seeking new employment and for an increase in his 
expenses, occasioned by the removal to the new locality, and may show 
such increase in his expenses, without pleading it. But the expense of 
removing the teacher's family to the new locality can not be considered 
unless specially pleaded. — School District No. 3 in Clear Creek County V. 
Nash, 27 C. A. 551. 

Hire teachers. 

1. A school board has the sole right to engage a teacher for the 
district; and the fact that a majority of the taxpayers sign a petition 
making a protest against the selection made by the board can in no way 
affect the legal right or action of the board in appointing a teacher. 

2. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of term and salary, such notification would stand in law as a contract, 
should the teacher accept. 

3. A verbal promise given to a teacher by members of the school 
board at other than a regular meeting is not legally binding upon the 
board; and the board would have a right engage another person at a 
regular meeting. 

4. There is nothing in the school law of Colorado to prevent a 
board of directors in a first class district from making a contract with 
a teacher or superintendent for a term exceeding the school year. 

5. When a teacher enters into a contract with a board of directors 
to teach a certain number of months, it is understood that customary 
vacations may intervene, even though not specified in the contract, and 
the teacher is not entitled to compensation for such vacation, he being 
required to teach the full number of months specified in the contract 
excluding such vacation; this, however, does not include legal holidays 
coming within the school week, for which the teacher is entitled to pay 
without teaching unless otherwise expressly stated in the contract. 

6. There is no law requiring a teacher to have a physician's certifi- 
cate of good health; this matter is governed by the rules made by the 
board of directors. 

219 



§ 134 APPENDIX 

7. School boards, in districts of the first class, have entire control 
of the examination and licensing of applicants to teach in their districts. 
They also have a legal right to renew certificates without examination. 
One member of a school board cannot legally employ a teacher except 
when ordered to do so by the board at a regular or special meeting. 

8. If a teacher has been employed to teach a certain department of 
a school, the school board would not have the right to close another de- 
partment and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered 
into between the teacher and the board. 

9. The only way by which a teacher's salary can be legally increased 
during the term for which she is employed would be at a regular or spe- 
cial meeting of the school board. 

10. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age; and it would be illegal 
to grant a certificate if the applicant did not meet that requirement, and 
illegal for a school board to employ a teacher under such circumstances. 

11. An oral contract made between a teacher and a school board 
is as binding as a written one if it can be proven. 

12. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. 

13. A school director cannot legally become a teacher in the dis- 
trict in which he holds that office. See section 2606, General Statutes 
of Colorado, 1883, page 82. 

14. The power to employ or discharge teachers rests solely with 
the school board, and not with the county superintendent or directly 
with the electors of the district. This applies also to vacancies in first 
class districts that may occur by reason of sickness or any other cause. 

15. A district board has not, in law or equity, a right to deliber- 
ately create a condition for the purpose of taking advantage of the 
emergency clause in that section of the statute which provides for 
granting and endorsing teachers' certificates. 

16. It is illegal for a board of directors to employ a person to teach 
who has no certificate, as no legal contract can be made between the 
board and such person; and the fact that no salary is drawn would not 
make the transaction legal. A school so taught could not be considered 
a public school, nor could the months so taught be counted in, or re- 
ported as, months of public school work. School directors cannot of- 
ficially employ a teacher to teach a private school; and there is no way 
whereby public school work and private school work can be combined, 
or private school work legalized as public school work, or a private 
teacher be considered a public school teacher. 

17. Every member of a school board has an equal voice in employ- 
ing teachers; and the decision of a majority rules in this as in all other 
matters. 

18. One member of a school board cannot legally employ a teacher, 
even though a meeting has been called for the purpose and notice of it 

220 



APPENDIX § 134 

sent to other members of the board. If the failure to attend arises 
from a deliberate intention to prevent a legal meeting of the board such 
members can be compelled to attend by legal process. 

19. A teacher is not required to do janitor work in this state unless 
the contract into which he has entered with the district board distinctly 
states that such shall be the case. 

20. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

21. The appellate courts of this state have never decided the ques- 
tion of the legality of a school board to contract with teachers before 
the annual election establishes a new board of school directors. 

22. In case two members of the board at a legally held meeting of 
the board voting a certain sum as the teacher's salary, written notice 
of such action being sent to the teacher, the notice is binding upon the 
board and equal to a contract. 

23. If a school board makes a legal contract either verbal or in 
writing with a teacher, providing for his re-election and specifying the 
salary he is to receive, the board could not at a later meeting change its 
action. 

24. A school bo,ard cannot legally contract for the work of instruct- 
ing high school pupils to be done by private party or corporation and 
pay for it out of the public school funds. 

25. A school board has no power to employ teachers for a term ex- 
tending beyond the term of the school. In other than first class dis- 
tricts the school board cannot lawfully hire a teacher until after the 
annual election in the spring to serve during the next school year. 

26. In school districts of the first class the board of directors may 
contract with a teacher for employment to teach school for a term ex- 
tending beyond the current year. (Attorney General's Reports 1901-2, 
page 170). 

Teacher's report. 

27. No part of the last month's salary of a teacher should be paid 
until the reports required by law are made and filed according to speci- 
fications. 

School furniture and supplies. 

28. No member of a district board has any right whatever to pur- 
chase coal or other school supplies, without being ordered to do so by 
a majority vote of the members. 

29. A school board of a district of the third class has a legal right 
to purchase desks for a school building without a vote of the electors of 
the district. 

30. School directors of a district of the third class may puchase 
an organ for the use of the school and pay for it out of the special fund. 
The general fund cannot be used for that purpose, unless there is a 

221 



§ 134 APPENDIX 

balance remaining after paying all expenses necessary to support a public 
school for ten months in any one year. 

Discharge teachers. 

31. Two members of a school board at a legally called meeting have 
a right to dismiss a teacher; but a teacher having a contract with the 
board cannot be dismissed without good cause. 

32. It is not legal for a school board to retain a teacher whose cer- 
tificate has expired if the term of school for which such teacher is em- 
ployed extends more than one month after such expiration, as the law 
definitely states that a new certificate shall be secured. The endorse- 
ment of the certificate should read "Good" until the next regular county 
examination. 

33. In order to sustain charges of immorality or incompetency, 
specific acts must be shown and supported by affidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county super- 
intendent, with the request that he revoke such teacher's certificate. 

34. If a teacher employed in the schools is incompetent to give in- 
struction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

35. A school board may dismiss a teacher for incompetency or im- 
morality. A county superintendent may revoke a certificate of any kind 
at any time for immorality, incompetency or any just cause 

36. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in the 
courts a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., are 
the reasons that have been held sufficient. 

37. In districts of the first class the board of directors may dis- 
charge a principal for cause after giving him an opportunity to be 
heard; even tho a written contract has been entered into for a definite 
period. (Attorney General's Reports 1905-6, page 174) 

Fix salary. 

38. A teacher employed at a stipulated salary, can be paid only by 
warrants drawn by the district secretary, and must take them for what 
they are worth. It would not be proper for the board to make up any 
discount by an additional warrant. The board might, however, increase 
the salary at a regular meeting so as to cover such deficiency. 

39. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

222 



APPENDIX § 134 

40. A teacher's only recourse against a school board that refuses to 
issue a warrant for salary is through the courts. 

41. Wttien a county superintendent calls a county institute or teach- 
ers' associations, he has not the right to rule that the district must pay 
the teacher the same as if she had taught school, although the school 
board has the right to allow the teacher such a day and pay her for it 
upon the request of the county superintendent, but the authority in the 
matter rests with the district board. 

42. A certificate to teach cannot be revoked by a county superin- 
tendent without having, good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between the teacher and the direc- 
tors of a district would not be lawful reason for revoking a certificate 
unless fraud of some kind could be shown. 

43. The directors of a district have no legal right to make a con- 
tract with a teacher to pay wages in excess of the revenues for the year. 

44. A teacher can draw her wages during the time that a school is 
closed on account of an epidemic. 

45. Teachers in public schools are to be paid for the term for which 
they are employed without regard to the intervention of holidays in ac- 
cordance with the maxim, de minimis non curat lex. (Attorney General's 
Reports 1893-4, page 358) 

Compensation allowed secretary. 

46. "While the law states that district boards shall fix the amount 
of the secretary's salary, if the secretary rendered his services without 
such salary being fixed, or without demanding it at the time, he could 
not later claim it. 

47. The secretary is the only officer of a district school board whom 
the law allows to draw pay for his services, and his pay is fixed by the 
board. 

48. A school board has the right to fix the compensation to be al- 
lowed the secretary for the time necessarily spent in the service of the 
district; provided, always, that the board's provision for such compen- 
sation is just and reasonable and in compliance with the law. 

49. If a secretary of a school board should falsify his records, he 
would) violate his bond. 

50. The law does not authorize the payment of salaries to the presi- 
dent and treasurer of a school district board. (Attorney General's Re- 
ports 1893-4, page 117) 

51. There is no detailed constitutional authority vested in a board 
of education of school districts. Statutes of the state must therefore be 
looked to for the authority which exists in the school boards. A school 
board has not the right, therefore, to maintain a dental clinic at the 
expense of the school district, and this is especially true where provision 
is made for the physical examination of children at the expense of the 
county. (Attorney General's Reports 1915-16, page 390) 

223 



§ 134 APPENDIX 

Powers of board. 

52. As the president of the board is a member of the board, with 
all of the privileges to which such members are entitled, he can, although 
the presiding officer of the board, make or second a motion, state it from 
the chair, and vote on the same. 

53. The length of residence required in Colorado to constitlte eli- 
gibility to the office of school director is twelve months. 

54. A school board does not have to carry out all motions made and 
carried at the annual meeting of electors unless such motions cover 
matters upon which the electors are entitled to pass. 

Furnish Books. 

55. If the electors of the district vote to furnish books the board 
has no power to forbid such action. 

Illegal Action by Board. 

56. If the electors of a district are dissatisfied with the action of 
the board, they have the privilege of enjoining the board from taking 
said action. 

57. The law gives the right to the school board to say how many 
months of school shall be held in excess of the months required by law, 
and also the right to fix the salaries of the teachers employed. The 
electors have no right, legally, to call a meeting to vote upon either of 
these questions, and if such a meeting was held, the school board could 
not be compelled to attend, or to act in accordance with the action taken 
through the meeting. 

58. A school board has no authority to employ an interpreter in 
Mexican districts to help out a teacher who does not understand the 
Spanish language. 

59. A member of the school board may be compelled by legal pro- 
cess to perform the duties of his office as specified in the law. Any 
elector of the district, member of the school board or the county super- 
intendent can institute the proceedings. 

60. A member of the school board may be removed for malfeacance 
in office, by action taken in the courts. 

61. It is illegal for two members of the board to transact business 
that has not been decided upon at a regular or special meeting of the 
board. If the specifications in regard to the digging of the well were 
definitely stated at a regular or special meeting, it would be necessary 
to call another meeting of the board to change those specifications. 

62. Directors of third class districts have no authority to sell prop- 
erty of the district unless instructed to do so by the electors. A sale 
without such direction is illegal. 

63. If the actions of the board do not meet the approval of the elec- 
tors, the latter may have redress through the courts, or, in certain cases, 

224 



APPENDIX § 134 

may appeal to the county superintendent and from him to the state 
board of education. 

64. If the school board of directors refuse to carry out the valid 
instructions of the electors of the district, they can be compelled to do 
so by court proceedings in the nature of a writ of mandamus. 

Vaccination authorized by county board of health. 

65. If the school board has demanded that the pupils of a school 
be vaecinated, its action being authorized or required by the county 
board of health, pupils should comply with the requirements made. The 
county board of health is expected to act in accordance with the rules 
and regulations of the State Board of Health, and also to see that all 
necessary precautions are taken in the schools of their counties to guard 
against contagious diseases. 

Tuition. 

66. Section 134 herein provides that when a pupil resides remotely 
from the school house in his district, and a school house is more acces- 
sible in an adjoining district, he shall be permitted to attend the latter 
and be granted the same privileges as a resident pupil. This right is 
mandatory on both boards of directors, and can only be defeated on the 
ground of insufficient room in the latter district, and the board of his 
district is obliged to pay the tuition agreed upon by the two boards, or, 
upon their failure to agree, that fixed by the county superintendent. 

67. The payment of tuition for the school privileges afforded to 
children attending outside of their own district is a matter which the 
boards of the respective districts must arrange between themselves; 
and if they cannot agree then the county superintendent must decide. 

68. A person, having attained the age of twenty-one years, is not 
thereby debarred from school privileges, but the board may require 
tuition of him. This ruling applies to those who may have been under the 
age of twenty-one at the time the last school census was taken. 

69. If the home of a family is certified to be in a district, and the 
children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part or the year elsewhere. In the case of 
pupils attending before the family moves into the district for the win- 
ter, the same rule would apply. 

70. If a district is the declared home of the family, and the children 
have been previously listed upon the census list, they would have the 
right to attend the school without tuition, even if the remainder of the 
family were at present residing elsewhere. 

71. A resident's objection to the attendance at school of a child 
from another district is of no effect, provided the board of directors is 
willing to permit such attendance. 

72. In regard to whether a person living in a district where there 
are two schools has a right to send his children to either, the matter 

225 



g 134 APPENDIX 

should be controlled by the local board of directors the same as is done 
in cities where the boards control the sending of children to the differ- 
ent city buildings. 

73. The school board of a district has the right to exclude children 
from other districts on account of lack of room, and to require tuition for 
pupils who live outside the district. 

Fix course of study — special branches — admittance. 

74. It is the duty of the teacher to teach whatever branches may 
be specified by the school board, since that body is given the right to 
establish a course of study for the school of its district. If the teacher 
has failed to teach the branches requested by the board, it would prob- 
ably not be sufficient reason for the board refusing to sign the warrant 
for her services as teacher for* the time she has been employed in the 
school, yet it is possible that it might be held as sufficient grounds for 
the dismissal of said teacher. 

75. The school board of a district has the right to forbid the reading 
of the Bible in the schools of the district, under the provisions of section 
134 herein, which provides that the school board shall have power to 
fix the course of study, the exercises and the text book to be used in the 
schools of the district. 

76. Article IX, section 7, of the constitution of Colorado, prohibits 
the use of public school money for the teaching of sectarian tenets or 
doctrines. It is therefore unlawful for a board of directors to require a 
teacher to devote any part of any school day to religious instruction. 

77. A school board would have the right to require work above the 
eighth grade to be done, providing there was nothing in the contract 
made with the teacher which would give her the right to object to doing 
such work. 

78. Since the school board has full authority to make rules and regu- 
lations concerning the management of the schools in a district, the board 
would have the right to fix the times when beginners might be per- 
mitted to enter the schools. 

79. A school board has the right to make the regulations concerning 
the admittance of pupils to a certain grade of the school when the fall 
term commences, said pupils having failed to pass the examination given 
in the spring, and also to authorize the principal to make such rules and 
regulations and to enforce them as if made by the board as a body. 

80. The law makes the same requirements of the principal or 
teachers of a county high school as of any school of high grade. There- 
fore, a special certificate covering the high school branches must be 
obtained by the applicant who expects to teach in a county high school. 

81. A teacher cannot be required to teach instrumental music in a 
school, as the branch is not one included in the requirements of a com- 
mon school course. 

82. As between school directors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection 
of books and grading of schools. 

226 



APPENDIX I 134 

83. According to the school law of this state, the hoard of directors 
of a school district has the right to prescribe the course of study for the 
school, but cannot be compelled by parents to include higher grades than 
the eighth. If the board prescribes that certain high school or ninth 
or tenth grade studies shall be taught, it may be done, but it is not 
expected that such work shall be a part of the course in the district 
school if it interferes with the work of the lower grades. 

84. The law does not permit the establishment of a high school in 
an ordinary third class district, nor does it prohibit the introduction of 
certain branches that are termed high school branches, but the law gives 
the entire authority in regard to fixing the course of study to the board 
of directors. The teacher would have no right to introduce high school 
work in the school unless so instructed by the school board. 

Text books. 

85. In case a new district is formed from one in which text books 
are furnished free, the question of supplying free text books in such 
new district must be submitted to a vote of the people. 

86. If a school board purchase books to be used by the pupils of 
the district, such books are for the use of pupils attending school within 
such district, and for no other. If residents of the district see fit to send 
their children into adjoining districts, they cannot compel the district in 
which they reside to furnish the text books for their children. 

87. The board of directors must furnish books for all pupils when 
instructed to do so by a majority vote of the electors voting as expressed 
at any regular meeting or special meeting called for that purpose. 

88. The fact that a district has voted to furnish free text books to 
its school children, and has done so for a number of years, does not per- 
manently bind the district so to furnish the text books. If brought up 
in the manner prescribed by law, the district may again vote upon the 
matter. 

89. When a pupil leaves a school where free text books are fur- 
nished, he has no right to take home with him and keep text books be- 
longing to the district. 

90. Colorado does not have a uniformity of text books. The school 
law provides that the board of directors in the different districts may 
determine the kind of text books to be used. 

91. County officials have no authority to purchase text books for 
the schools of the county, using school money for that purpose, nor 
have such officials the right to adopt text books for use in such schools 
and require the various districts to pay for the same. The school board 
determine the kind of text books to be used, and can only furnish free 
textbooks for the use of all pupils when authorized to do so by the ma- 
jority vote of the district. 

92. In order to vote on the question of free text books at the annual 
school election, it will be necessary to include in the annual election 
notice a statement specifying the time of such voting. 

227 



§ 134 APPENDIX 

School houses — rent — repair — build — remove. 

93. The district board has the right in emergencies to permit the 
location of the school to be changed temporarily, although it is expected 
that in this as in all other matters the welfare of the whole district will 
be considered. 

94. The site for a school building in districts of the third class 
can be selected or changed only by majority vote of the electors at an- 
nual meeting, or at a special meeting legally called. 

95. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a teach- 
er's residence, and vote a special tax for that purpose, such, action legally 
authorizes the directors of the district to contract for the erection of 
such a building. 

96. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special 
meeting called for that purpose. Such sale should be made in the man- 
ner prescribed by the directors, which should be at public sale after 
proper advertisement. 

97. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 
school house in a certain portion of the district, it would hardly be held 
as within the power of the board to defeat the will of the electors by 
establishing a school in some other place. 

98. Under certain conditions other buildings than the school house 
may be used for school purposes, if the board so desires. 

99. School must be held in a building situated within the boundaries 
of the district. 

100. The departments of a school cannot be legally considered as 
separate schools. 

101. While a school board would, if they felt so disposed, have a 
light to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 
some others, and require those who desire to attend the school without 
the recommendation to pay their own tuition. It would, however, be 
legal to establish such a school for certain grades, limiting the attend- 
ance to the specified grades. 

102. The directors of third class districts have no authority either 
to build a new school house or an addition to an old one unless directed 
to do so by a vote of the electors. 

103. If a majority of the legal voters of a third class district at a 
special meeting legally called decide that a school house shall be moved, 
it becomes obligatory on the part of the board to move the building. If 
they do not, the voters can compel them by mandamus to move it. The 
school house does not have to stand thirty days after the majority of 
voters have decided to move It. 

228 



APPENDIX § 134 

104. A board of directors of a third class district cannot sell, re- 
move or tear down a school house unless so directed by a vote of the 
electors. 

105. The directors, of a school district cannot legally purchase a 
Echool site without a favorable vote of the electors. 

106. The qualified electors when assembled at a special meeting, 
duly called, have the power to fix the site for the school house, taking 
into consideration the wants and necessities of the people of each por- 
tion of the district. There is no authority In law giving the privilege to 
build upon school land without first receiving a grant from the state 
land board. Upon application to the register of such board, accompanied 
with plat and field notes of the survey, one acre will be granted a 
district for school purposes. 

107. "When a building is to be used for school purposes the board 
has no authority to build such addition or school room except when 
directed to do so by a vote of the district. 

108. A district board, having already constructed and furnished a 
school building, m'ay subsequently erect a coal house or other simple 
outbuilding, for the convenience of the school, without a special vote 
of the electors, the outbuilding to be considered an appurtenance or ap- 
pendage of the school building. 

109. If the electors of a school district have voted the specifications 
in regard to building a school house, the site being definitely selected, 
the board of directors could not legally change these specifications, and 
it would be necessary to call another meeting of the electors if thought 
desirable to make a change. 

110. In building a school house the board of directors must keep 
within the appropriation of the electors. If it is desired to spend more 
money than the original appropriation, a meeting of the electors must 
be held to determine whether they will authorize the additional ex- 
penditure. 

111. The law does not specify the manner in which a school board 
shall proceed in the matter of building a school house or whether such 
board shall advertise for bids or not. The board is permitted to exer- 
cise discretion in the matter, having in view at all times the best inter- 
ests of the district. 

112. A school board has the right to lease a building for school pur- 
poses for one or more years. 

113. Whether the directors build one or more school houses is 
purely a matter to be determined by the electors of the district, such 
authority being conferred upon them by the statutes, and the county 
superintendent has no authority to control such discretion. 

114. The board of directors, in leasing an unused school house, have 
the power to insert in the lease the purpose for which said building shall 
not be used. 

115. The question of constructing a high school building in a dis- 
trict of the first class must be submitted to a vote of the qualified electors 
of the district. 

229 



§ 124 APPENDIX 

116. If the question of the selling or the minimum selling price of 
ihe school house was not determined by the electors, it would be wiser 
for the directors to sell at public sale. 

Custodians of school property. 

117. The board of directors is custodian of the school property, and 
may permit the use of the school house for other than strictly school 
purposes, if such purposes are not detrimental to the morals of the 
community or injurious to the school buildings. Should any money be 
derived from such sources, it should be considered part of the school 
fund. If the school property is being injured or the purpose for which 
the building is used is improper, any elector can take legal proceedings 
to remedy such matters. 

118. A district board has the control of the school house, and can- 
not be compelled to open the house for other than school purposes, 
even though the citizens of the district so request. 

119. As the school board of any district has the control of the 
school house, if the board sees fit to permit the use of the school house 
for a subscription school it has the right to do so. It may also permit 
the use of the text books owned by the district. It has no right to per- 
mit the use of the district's firewood or to in any way make an expendi- 
ture of the district's money for the subscription school. 

120. If the directors authorize the use of the school house for 
election purposes, the teacher is entitled to pay for time thereby lost. 

Suspend or expel pupils. 

121. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, it is within the 
power of the teacher to make such reasonable rules and regulations, and 
to enforce them, in the same manner, subject always to the supervision 
of the board of directors'. 

122. It is the right and duty of a school board to exclude from a 
public school a boy of school age who is an imbecile. 

123. It is the duty of the board of directors to see that school chil- 
dren are vaccinated when required to do so by the local board of health. 

124. The school boards of the districts are vested with quasi judi- 
cial discretion in the matter of making by-laws, rules and regulations 
subject to review by the courts to correct any abuse of such discretion. 
This discretion carries with it the right of the board to adopt such rules 
as may lead to prompt attendance, diligence in study and proper deport- 
ment within and without the schools, but such rules must be reasonable. 
The enforcement of these rules may be had by any reasonable regulation 
established either by the teacher or by the board and moderate and rea- 
sonable chastisement may be resorted to or the rules may be enforced 
by suspension or expulsion as may be determined by the board of di- 
rectors. These rules may extend to and control the conduct of children 
on their way from their homes to the school house and on their return 

230 



APPENDIX § 134 

from the school house to their homes. The teacher may also adopt such 
reasonable rules to promote good order and discipline as he may deem 
necessary. The school board has a right to exclude children from school 
because they have not been vaccinated in accordance with a rule or regu- 
lation adopted by the board of health. (Attorney General's Report 1897- 
98, p. 149) 

125. The power to expel or suspend a pupil from the privileges of 
the schools of Colorado is conferred by law solely and exclusively on the 
school board, and no teacher has the right to perform that act. 

126. A teacher has power to temporarily suspend a pupil, at least 
long enough to notify the board of the causes, and ask that such pupil 
be suspended; and the board would be justified in acting upon such 
recommendation, although the teacher would have no power himself to 
make such suspension. 

Number of teachers — time employed. 

127. The law gives school directors the sole power to arrange the 
length of the term, number of teachers to be employed, grade of work 
to be done, etc., in the public schools of the district. 

128. A school board has the right legally to appropriate money to 
carry on a second or third school to be located in various parts of the 
school district when the location of the school population seems to de- 
mand such an arrangement to justly provide educational privileges for 
the greatest possible number of children residing in the district. 

129. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the month, and paid a fixed 
sum per month, vacations are deducted, if there is no contract to the 
contrary. A teacher could just as lawfully claim pay for the long sum- 
mer vacation as for the customary holiday vacation. 

130. A teacher cannot be legally dismissed before the expiration of 
the time for which she is engaged "without good cause shown," and if 
so dismissed she can collect full salary; Provided, she holds herself in 
readiness to fulfill her part of the contract. 

131. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occuring during the school term. 

132. A teacher may collect salary for the number of months speci- 
fied in the contract entered into with the board of directors of the school 
district where he teaches; Provided, the directors have not contracted 
with the teacher to pay wages in excess of the revenues for the year. 

133. If a teacher is ready to begin school at the time specified in 
his engagement, and owing to neglect of duty on the part of the school 
board, cannot do so, he is not compelled to make up the time thus lost, 
but is entitled to his salary from the time specified in such engagement. 

134. There is no law authorizing a teacher to draw his salary for 
the two weeks spent in attending the normal institute. 

135. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill 

231 



§ 134 APPENDIX 

his part of the contract, the board is liable for the teacher's salary for 
the full term agreed upon. 

136. If, with the consent of the directors, a teacher holds school 
on a legal holiday to make up for a day lost, the teacher is entitled to 
pay for the full month. 

137. The teacher has a right to her hour's intermission at noon, pro- 
viding she teaches the requisite six hours through the day. She is re- 
quired to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

138. When a teacher begins work without having entered into a 
definite verbal or written contract with the school board which employs 
her, she has a right to leave the school at any time, and the school 
board has the right to discharge her at the end of the first month's work, 
and also to employ another teacher. 

139. A school board cannot compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con- 
tagious disease; Provided, said teacher holds himself in readiness to 
teach, subject to the order of the board. 

140. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in at- 
tendance. 

141. Under a written contract with a school board to teach a 
stated length of time, a teacher is entitled to compensation for the full 
time, although the school should lapse by reason of the residents leaving 
the district; provided the teacher has fulfilled her part of the contract 
and expresses her willingness to complete the requirements of her agree- 
ment. 

142. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher 
absents himself a day or more from his work, he himself being respon- 
sible for the loss of time, he must make good the loss of time or for- 
feit his pay. 

143. A teacher is not entitled to receive pay for the time lost while 
attending a teachers' examination. 

144. The point of the teacher's failure to hold himself in readiness 
to teaeh is not sufficient cause for refusing to pay him for the time the 
school was quarantined, since he was there when his services were re- 
quired and the board suffered no actual damage by his absence. 

Furnish clothing for indigent children. 

145. There is no law authorizing the school board to pay from the 
fund the board of children who live a distance from the school. It is 
the duty of the school board, however, if the parent, by reason of pov- 
erty, cannot properly clothe the child, to furnish necessary clothing and 
pay for the same out of the School fund by warrant, drawn as in other 
cases, but even this fact must be shown to the satisfaction of the board. 

232 



APPENDIX § 134 

Use of district funds. 

146. The school funds cannot be legally used for defraying the 
expenses of a singing school. 

147. A school board cannot legally loan the money of the district. 

148. A school board cannot legally contract for the work of instruct- 
ing high school pupils to be done by a private party or corporation and 
pay for it out of public school funds. 

149. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any member so misappro- 
priating the funds of the district can be compelled by process of law to 
refund the money. 

150. When funds are used in violation of the law, any elector of 
the district or any county superintendent has the right, and it is his 
duty, at any time after said funds have been so used, to bring suit to 
recover the same, the members of the school board that signed the illegal 
warrants being liable for the amount involved. 

151. If an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against 
the individual directors, they must pay their own attorneys' fees. 

152. The law makes no provision whereby the board of directors 
of a district can appropriate school money to pay special teachers for 
the pupils of said district who are unable to attend the regular school. 

153. In regard to payment for transportation of pupils to and from 
school, there is no direct provision of the law authorizing such action, 
except in consolidated districts; but it might properly be done by unan- 
imous consent of all the electors paying school tax. There is no law 
authorizing the school board to pay from the fund the board of children 
who live a distance from the school; but the board can, however, upon 
a unanimous vote of the tax-paying electors, pay for such board from the 
special fund. 

Special levy. 

154. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy cannot be made by board of directors. 

155. There is no limit to the special levy in first and second class 
districts. 

156. When the electors have voted a definite special levy for build- 
ing a school house, the board cannot spend in building said school house 
more than the proceeds of said special levy, unless so direccted by the 
electors. 

157. The right to levy a 1-10 of a mill tax for library purposes in 
school districts rests entirely with the school board. A vote of the 
electors of the district is not necessary for this purpose. 

233 



§ 134 APPENDIX 

Debts. 

158. A member of the board has no authority to contract any in- 
debtedness against the district, as contracts of such indebtedness can 
only be made by a majority of the board at a regular meeting. 

159. A debt can only be contracted by a majority of the members 
cf the board at a regular meeting, or at a special meeting called for that 
purpose; and as the auditing of bills is entirely separate from contract- 
ing them, it follows that they must be performed at different times. 

Payment — general fund. 

160. It is legal to draw on the general fund to pay the janitor who 
is employed in a school. 

161. The general fund may be used for building, furnishing or erect- 
ing additions to school houses, or for improving the school houses, sites 
or lots, only after the expense of maintaining the school for a period of 
ten months in one year shall actually have been paid. 

162. The general fund may be used only for teachers' wages and 
necessary current expenses until the school has been conducted for a 
period of ten months in one year. 

163. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district, and cannot be turned into 
the general school fund of the county for reapportionment. 

Payment — special fund. 

164. Insurance premiums and attorney's fees are not expenses "inci- 
dental to the support of a public school," and therefore must not be 
paid from the general fund, but from the special fund only. 

165. If any surplus funds remain in the special fund over what is 
necessary to meet the regular current expenses of the district, such 
surplus may be used to pay past indebtedness. 

Contracts other than teachers'. 

166. A school board can legally let a contract to a man whose wife 
is a member of the school board, as the fact that the wife is a member — 
and is, therefore, excluded from being a party to a contract with the 
district — would in no way affect the husband, who is not a member of 
the school board. 

167. A contract made and agreed to by the majority of a school 
board at a regular meeting, of which due notice has been given, is a 
legal contract if properly entered into in all respects. It is not in the 
power of one member of a board to block the action of the board by his 
refusal to do his duty. 

168. A contract made with the president and treasurer of a school 
hoard would be legal, even if there is a vacancy in the office of secretary ; 
and a warrant signed by the above-named members under the circum- 

234 



APPENDIX §§ 134, 139, 141 

stances mentioned should be considered a sufficient warrant for recog- 
nition by the county treasurer. 

169. When a contract is reduced to writing, it is supposed to express 
the intention of the parties; and when such intention is clear it cannot 
be changed by oral evidence. 

170. The Board of Health is paramount in authority to the school 
board, and where such board has made vaccination a prerequisite to 
entering school, the school board should enforce such regulation and the 
school board cannot therefore permit children to attend school who have 
not been vaccinated in accordance with the requirements of the Board 
of Health. (Attorney General's Reports, 1901-2, page 145.) , 

171. A by-law providing that any pupil infected with smallpox, 
scarlet fever, diphtheria or any other contagious disease, should be ex- 
cluded from the school would certainly come within the powers of the 
board under the statutes. There can be no reason why a by-law provid- 
ing that a well-recognized preventive must be resorted to, under pain of 
exclusion from school, would not be equally within the powers of the 
school board. 

172. In the case of an insanitary well in the school district, an 
appeal may be made by the board of directors to the local health officers, 
and if they fail to act in the matter it may be taken to the state board 
of health. 

§ 129 1 ; 

Lien law not applicable school buildings. 

a. The provisions of the mechanics' lien law cannot be applied to 
public school buildings. — Florman v. School Dist., 6 C. A 319. 

School property held in trust. 

b. All school property within the district is held by the board of 
directors in trust for the district for the benefit of the school. — Florman 
v. School Dist., 6 C. A. 319. 

Districts established one year. 

1. If a district has exercised the rights and enjoyed the privileges 
of a legally and regularly established district for one year it is, accord- 
ing to law, a legal district. 

§ 141 

School district operating one year. 

a. The provision of law that any school district which shall exercise 
the undisputed prerogatives and enjoy the privileges of a legally organ- 
ized district for a year shall be deemed to have been legally established 
is a wholesome and legitimate statute of limitations entirely within the 
power of the legislature, and if a school district brings itself within such 
terms its organization cannot be questioned. — Shaw v. Lockett, 14 C. 
A. 413. 

235 



§§ 141, 142 APPENDIX 

Military reservation — Residents of — attend school — when. 

1. A military reservation does not form part of a school district 
and residents of the reservation can attend the public schools only with 
the consent of the board of directors. (Attorney General's Reports, 
19.05-6, page 165.) 

§ 142 

Mandamus not control discretion. 

a. Mandamus will not lie to control the discretion of a public 
school official.— Keefe M. & I. Co. v. School Dist., 33 C. 513. 

State board cannot change boundaries. 

b. The state board of education has no power, upon appeal from 
the county superintendent, to change the boundaries of a school district 
as established by the electors. — People v. Van Horn, 20 C. A. 215. 

Electors fix boundaries new district. 

c. After a petition to organize a new school district out of a portion 
of one or more old districts has been presented to the county superin- 
tendent, and he is detemined that the school interests will be best pro- 
moted by such organization, the sole power to determine the organiza- 
tion of such district and the boundaries thereof is vested ki the electors; 
and such district cannot be organized or its proposed or established 
boundaries changed by the board of directors, the county superintend- 
ent or the state board of education. — People v. VanHorn, 20 C. A. 215. 

Organization — number of children. 

1. A new district, with fewer than ten persons of school age resid- 
ing therein, cannot be legally organized out of a portion of one or more 
old districts. 

2. Renters renting by the year, and having no other home, may 
send their children to the school in the district in which they reside, 
and that district may enroll them; or, in other words, they can be counted 
among the ten necessary to form the district. 

3. In the organization of a new district, it is legal to take cognizance 
cf persons of school age residing within the limits of the proposed new 
district, whether the said persons are on the census list or not. 

4. The law provides for no definite number of children in order to 
organize a school district from unorganized territory, nor is there any 
limitation on the size of the district. 

Territory — size — valuation — children. 

5. No district shall hereafter be divided for the purpose of forming 
a new district — 

(a). Unless it contains an area of more than nine square miles and 
has forty children of school age, and the portion remaining contains 
not less than twenty children of school age; 

236 



• 



APPENDIX § 142 

(b). Or has an assessed valuation of more than $50,000 and forty 
children of school age, and the portion remaining contains twenty per- 
sons of school age. 

Organization — voters — petitions. 

6. At the meeting held for the purpose of determining whether or 
not a new district shall be organized, only those living within the boun- 
daries of the proposed new district have a right to vote. Those living 
in the district or districts from which the new district is to be formed 
have no voice in the matter. 

7. Petitioners from portions of two ^districts should not include 
land in a third district upon which no person resides. (Attorney Gen- 
eral's Reports, 1905-6, page 173.) 

8. A two-thirds vote of the electors of the proposed new district 
is necessary in order to organize a new district from old districts. 

9. It is not required by law that the petitioner for territory to be 
annexed to a school district should be the owner of such territory. 

10. Organized territory cannot be legally detached from one dis- 
trict and added to another by the county superintendent without a peti- 
tion from the residents of the territory, except in cases where the boun- 
daries are conflicting. 

11. A portion of unorganired territory may be annexed to a school 
district by the county superintendent upon petition of the majority of 
the legal voters resident within the territory to be so annexed. 

12. More than one section of unorganized territory may be added 
to the district upon petition to the county superintendent of a majority 
of the legal voters within the territory. 

Organization optional with county superintendent. 

13. In the matter of the presentation of a petition for the organiza- 
tion of a new district, the statute leaves it entirely to the discretion of 
the county superintendent whether or not he will call such meeting, or 
whether or not the best interest of the districts will be promoted by 
such change. The matter is not subject to review by the state board 
of education, unless it apears that there is an absolute abuse of such 
discretion. 

14. The county superintendent is vested with full discretion in the 
matter of organizing school districts and may take cognizance of school 
children of school age, even though their names do not appear on the 
census list. (Attorney General's Reports, 1897-8, page 120.) 

15. It is not within the province of the state superintendent to take 
any part whatever in the organization of a new school district, but as 
a member of the state board of education she may pass upon the legality 
of such organization on appeal from the decision of the county superin- 
tendent. 

16. The matter of organizing new school districts is one mainly 
in the discretion of the county superintendent of schools, subject to the 

237 



S 143 APPENDIX 

provisions of section 143 of the school law, providing that no city or 
town shall hereafter be divided into two or more districts, and the dis- 
tricts of the first class shall not be divided except upon a vote of the 
electors of the district, and that no district shall be divided for the pur- 
pose of forming a new district unless it contains more than nine square 
miles, or an assessed valuation of $50,000 and forty children of school 
age, nor unless the remaining portion of the district shall contain twenty 
or more persons of school age. 

17. The county superintendent has the right to exercise his own 
discretion in regard to the annexation of a portion of one district to 
another. 

18. The county superintendent is under no obligation to transfer 
territory from one district to another, even though a petition as pre- 
scribed by law has been presented to him asking for such transfer. He 
will change boundary lines only when in his judgment the educational 
interests of the districts affected will thus be best promoted. 

§ 143 

Petition must be in writing. 

1. Under this section a written petition signed by a majority of 
electors is contemplated and a verbal petition cannot be considered. 
(Attorney General's Reports, 1907-8, page 195.) 

Two-thirds vote necessary to organize. 

2. A two-thirds vote of the electors of the proposed new district is 
necessary in order to organize a new district from old districts. 

Territory — size — valuation — children. 

3. No district shall hereafter be divided for the purpose of forming 
a new district — 

(a). Unless it contains an area of more than nine square miles and 
forty children of school age, and the portion remaining contains not less 
than twenty children of school age; 

(b). Or has an assessed valuation of more than $50,000 and forty 
children of school age, and the portion remaining contains twenty per- 
sons of school age. 

4. As to whether, in counting the number of pupils left in a dis- 
trict after a division has been made, the count is made from the present 
actual residents or from the number contained in the last census list, 
clearly is expected that twenty persons shall actually be shown to be 
residing in the district after the division is made. 

Term of office in new district. 

5. Members of a school board elected in a new district at other than 
a general election hold over until the next regular election, at which 
time a president should be elected whose term expires in 1914, a treas- 
urer whose term expires in 1915, and if such regular election is in 1912, 

238 



APPENDIX $ 144 

a secretary should be elected for one year only; but if such election is 
in 1913 or later, a secretary should be elected whose term expires in 
1916 or every three years thereafter. 

6. Wihen new school districts are formed out of an old district, 
that portion of the old district that retains the original number should 
be considered the old district, and any member of the school board 
residing in that part of the old district that continues to exist as the 
old district should fill out his full term for which he was originally 
elected. 

Family transferred back to old district. 

7. If the organization of a new district works a great hardship to 
any head of a family, a statement of such facts should be made to the 
county superintendent, who, with two disinterested persons — one selected 
by him and one by the person affected-:— shall decide whether such family 
shall be transferred back into the old district. 

Text books — vote of people. 

8. In case of a new district formed entirely from one in which text 
books are furnished free, the new district should be entitled to its pro 
rata share thereof; but the question of supplying additional free text 
books in such new district must be submitted to a vote of the people. 

When appeal lies from decision of county superintendent. 

9. When a petition is presented to the county superintendent of 
schools by persons desiring the formation of a new district the county 
superintendent has a discretion to allow or disallow the same. In exer- 
cising this discretion proper means should be taken to do so judiciously, 
i. e., giving all persons interested a proper hearing. Wnere the county 
superintendent abuses his discretion in acting upon such a petition, an 
appeal will lie to the state board of education for a review of his de- 
cision. The county superintendent will not be deemed to have abused 
his discretion in acting upon a petition of this kind unless the best inter- 
ests of the school district and school children are not best served by 
the decision of the county superintendent. (Attorney General's Reports, 
1905-6, page 166.) 

§ 144. 

Uniting upon petition of legal voters. 

1. A portion of unorganized territory may be annexed to a district 
by the county superintendent upon petition of the majority Of the legal 
voters resident within the territory to be so annexed; or if a majority 
shall nelect or refuse to present such petition after thirty days' notice, 
in writing, the county superintendent may act as though such petition 
had been presented. 

2. More than one section of unorganized territory may be added to 
the district upon petition to the county superintendent of a majority of 
the legal voters within the territory. 

239 



§ 144 APPENDIX 

3. It would be illegal to detach property from a certain school dis- 
trict for the purpose of making it unorganized territory, since the only 
provision made for detaching territory is upon petition requesting that 
it he attached to some other district. 

4. Organized territory cannot be legally detached from one district 
and added to another by the county superintendent without a petition 
from the residents of the territory, except in cases where the boundaries 
are conflicting. 

5. When a school district has been annulled and its territory is 
being annexed to other districts, people wishing to become members of 
other districts may petition to have land other than their own, and on 
which no one is residing, annexed with their land to other districts. 

Uniting contiguous districts — vote — notice. 

6. Colorado has no law permitting any of its districts to be united 
with adjoining districts in other states. 

7. The question of whether two or more contiguous school districts 
shall unite may be voted on at the annual school meeting in May, pro- 
vided the required notice for a special meeting be given; that is, notices 
stating the purpose of the meeting must be posted at least twenty days 
before such annual meeting. The notices of the annual meeting will 
be sufficient if, in addition to the notice of the election, a statement that 
the question of uniting with such contiguous district or districts will be 
^oted upon. 

Debts of detached territory. 

8. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district, 
and this applies to bonded indebtedness as well. 

Transferring of Territory. 

9. A tenant may be set over to an adjoining district, even if the 
owner of the land objects to it, if done in accordance with the provisions 
of above section. 

10. Unoccupied land can only be transferred from one district to 
another when transferred with other territory upon which people reside. 

11. No provision is made for simply detaching territory from a dis- 
trict, so that a person who cannot send a child to a school held in the 
district will be exempted from paying the special tax. 

12. The county superintendent cannot transfer territory from one 
district to another, except when both districts are located in the county 
of which he is superintendent. 

13. There is no reason why the territory of a duly annulled dis- 
trict should not be annexed to an organized district, regardless of whether 
the latter was bonded at that time or not, as only the property of the 
new district which was included in the original territory of the bonded 
district, would be liable for the payment of the bonds. 

240 



APPENDIX § 145 

Annexed territory — census. 

14. If territory is added to a district after t'he annual census of 
that district has been taken, the names of persons of school age residing 
in the annexed territory should be added to the^eensus list of the en- 
larged district, and the latter given its percapita for the total number. 

Illegal transfer acquiesced in for year. 

15. Where territory of a school district has been detached and 
annexed to territory of an adjoining school district in an improper and 
illegal way but both districts have acquiesced in the transfer of the terri- 
tory for a period of one year or more, the illegality and invalidity of the 
original transfer is cured. 

Transfer — appeal by board. 

16. The only manner in which territory can be detached from one 
district and annexed to an adjoining district is upon petition of a major- 
ity of legal electors, residents within the territory — to be so detached 
or annexed. If the board of school directors of any district be aggrieved 
by the action of a county superintendent in detaching territory from 
their districts an appeal may be taken to the state board of education 
in accordance with section 11 of the School Daws Annotated. 

§ 145 

Deputy not necessarily resident of county. 

1. Since there is no statutory law requiring the deputy of a county 
superintendent to be a resident of such county, where there is a joint 
district practically inaccessible to the county superintendent of the one 
county but easy of access to the county superintendent of the other 
county, the latter can be appointed a deputy of the former for the pur- 
pose of visiting such school in compliance with the law. 

Territory attached or detached. 

2. Territory belonging to a joint district cannot be detached from 
or attached to an adjoining district without the consent of all the county 
superintendents interested in such joint district. 

Formed by dividing counties. 

3. In the organization of new counties by the general assembly the 
county lines, in a few cases, divided organized school districts into two 
parts, leaving the district in two counties ; in such case the district should 
be considered as a joint district. 

Elections. 

4. The general law in regard to the election of school directors 
applies to a joint district just as to any other. 

241 



§ 146 APPENDIX 

Who may vote. 

5. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matters of bonds, fciich requires a voter to be also a taxpayer. 

Secretary's bond — warrants. 

6. In a joint district the secretary of such district should file a 
bond in both counties and the board should draw warrants on each county 
treasurer. 

§ 146 

School actually commenced. 

1. A new district is entitled to no portion of the public school fund 
until a school is actually commenced therein. This, however, would not 
necessarily exclude a district whose school might be found to be located 
outside of the district line through accident, if the school had been com- 
menced in good faith. 

2. A new school district, as soon as its organization is complete, 
is entitled to its share of the special fund standing to the credit of the 
old district, of which it was formerly a part; also to receive each month 
its share of the uncollected special tax; providing, always, that a school 
has been commenced in the district in good faith. 

Failure to open school within six months. 

3. Failure to open a school in a newly organized district within six 
months from the date of organization makes void all proceedings per- 
taining to the formation of the district, unless the time for opening a 
school therein be extended to eight months by the county superintendent. 

Territory attached and detached. 

4. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. 

5. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the 
original district. 

6. Lands to which title has not been obtained from the government 
at the time school bonds are issued by a district of which such lands 
form a part are not subject to tax for the payment of such bonds. Hence, 
if said lands are set off or detached from the district before title is per- 
fected, they are not subject to a bond tax in the original district when 
title is complete. 

7. A remote part of the district cannot take steps after bonds have 
been voted, and before they are issued, to set itself apart from a new 
district, thus avoiding its liability for interest and principal on the bonds. 

242 



APPENDIX § 146 

Annulment of district. 

8. According to the law, whenever any district shall, for a period 
of one year, fail to maintain a school and keep up its organization of 
officers, and to make an annual report as required by law, the county 
superintendent may declare such district annulled, and annex its terri- 
tory to adjoining district or districts, but such action must be taken by 
county superintendent before such district ceases to exist. 

9. There is no law providing for the annulling of a portion of a 
district that it may become unorganized territory, and it does not seem 
good policy to do so. 

10. If a district is entirely deserted and has failed to make its 
annual report, etc., as specified in seetion 146 of the school law annotated, 
the county superintendent should declare it annulled, and annex it to 
an adjoining district simply by declaring it so added, and making the 
proper record. The act of uniting the two originates and concludes with 
the county superintendent, subject only to the restrictions specified in 
the law. 

11. A district may be annulled when, for a period of one year, it 
ha*s failed to maintain a school, keep up its organization of officers, and 
make its annual report as required by law. 

» 

When not annulled. 

12. Whenever any district shall, for a period of one year, fail to 
maintain a school and keep up its organization of officers and to make 
its report as required by law, the county superintendent may declare 
such district annulled and annex the territory to an adjoining district 
or districts. Therefore the mere fact that the school has not been held 
in a district is not sufficient to warrant the county superintendent in 
annulling the district. 

13. A school district, having kept up its organization and maintained 
r four months' school during the year, cannot be annulled for simply 
failing to make the annual report, as this failure is chargeable to the 
secretary, and if any damage ensues to the district he should be held on 
his bond. 

14. Six months of school in each school year are necessary in 
crder that a district may hold its organization. Three months of school 
are necessary to entitle a district to its share of the public funds. This 
practically makes six months of school necessary in each district. 

15. A district in which there are no pupils of school age residing 
may keep up an organization for an indefinite time by electing officers 
and making all necessary reports. 

16. If the county superintendent does not declare the district an- 
nulled, and it maintains a public school at least three months of the 
school year, it shall be entitled to the school fund for that year. 

243 



§§ 148, 161 APPENDIX 

Disposition of fund — when district annulled. 

17. If a school districct has failed to hold school for one year, and 
has failed to keep up its organization, the funds belonging to such dis- 
trict should be turned into the county general fund, unless its territory 
is attached to another district, in which case the money should be trans- 
ferred to the district to which it is attached. 

§ 148 

1. There is no statute which makes several districts, consolidated 
under the act of 1909, liable for the bonded indebtedness of one of the 
districts. It seems that the property originally bonded will have to pay 
the indebtedness due. 

Consolidation of districts in different counties. 

2. The statutes provide that school districts of two or more adjoining 
school districts may submit the question of consolidation, etc., under 
certain terms and conditions therein specified. There is no provision 
in these prohibitions against consolidating school districts in different 
counties; neither is it necessary for the county superintendent to confer 
and take united action about these matters. 

# 

§ 151 

When district cannot be annulled. 

1. This section of the school law provides for distributing any 
school funds remaining to the credit of a district when a new one is 
formed from one or more old ones; but there is no law providing for the 
payment of the indebtedness of a district in case it should be disor- 
ganized and wiped out of existence. The legislature never intended that 
a school district should be disorganized until all its outstanding obliga- 
tions are provided for. The superintendent may declare the district an- 
nulled, and .at the same time provide, in the order in which it was con- 
tracted, for the payment of such indebtedness by the district to which 
the territory should be attached, providing such district should consent 
theretfo. He certainly should not make an order annulling the district 
until some provision is made for the payment of its outstanding war- 
rants; and if he has done so, in any case it could not have the effect to 
cancel such indebtedness or make it invalid. 

Teacher's contract. 

2. When a school district has been divided, in the division of funds 
between the old district and the newly organized district the clause in 
this section which states that "after providing for all outstanding 
debts, etc.," cannot be interpreted to mean contracts made with teachers 
for certain months of school which are yet untaught. 



244 



APPENDIX §§ 152, 153 

§ 152 

Qualified fee in land. 

a. A conveyance of land to a school district by a quit-claim deed, 
subject to condition that the land should be used for school purposes, 
and when not so used should revert to grantor, vests a qualified fee in 
a district, and until it ceases to use the same for school building the 
grantor is divested of all interest in the land. — D. & S. F. R'y Co. v. 
School Dist., 14 C. 327. 

Power to condemn. 

1. Upon showing that such action is necessary for the location and 
construction of a school house and convenient use of the school, directors 
may, under the "Eminent Domain Act," condemn land as above provided, 
and the owner must accept the amount of damage awarded. 

2. Section 15, article 11, of the constitution, gives the right, and 
chapter 45 of Revised Statutes provides a complete plan, of procedure 
for condemning private property for public use. 

Belongs to school district. 

3. When land has been taken by a school district under the pro- 
visions of the "Eminent Domain Act," if it has been used for school pur- 
poses and no other, it belongs to the school district, and not to an indi- 
vidual who has recently made purchase of the quarter section of which 
such acre is a part. The individual purchasing the land cannot collect 
rent from the district and cannot demand pay for the land. 

Title obtained through individual. 

4. A school district cannot perfect a title to land, as this is the 
power of an individual only. Before the district purchases the land the 
patent should be issued to some one, otherwise the title would be inse- 
cure. 

Building on school land. 

5. There is no authority in law giving the privilege to build upon 
school land without first receiving a grant from the state land board. 
Upon application to the register of such board, accompanied with plat 
and field notes of the survey, one acre will be granted the district for 
school purposes. 

§ 153 

Annual election — place — time — notice. 

1. The regular annual election for members of school boards is 
held on the first Monday in May throughout the state. Any business 
pertaining to schools and school interests may be transacted at that 
time. Notice, however, must be given of the "time and place" for voting 
on such business. 

245 



§ 163 APPENDIX 

2. It Is not possible for school districts of the third class to have 
more than one voting place. 

3. The question of whether two or more contiguous school districts 
shall unite may be voted on at the annual school meeting in May, pro- 
vided the required notice for a special meeting be given — that is, notices 
stating the purpose of the meeting must be posted at least twenty days 
before such annual meeting; and the notices of the annual meeting will 
be sufficient if, in addition to the notice of the election, a statement 
that the question of uniting with such contiguous district or districts 
will be voted upon. 

Moving building — vote. 

4. In order to vote upon the question of moving a school building, 
at an annual election, such contemplated business should be stated in 
the notice. The majority vote necessary to carry the same refers to 
the voters present, and not to all the electors of the district. 

5. If on account of unforeseen circumstances the place designated 
in the notice cannot be used for holding the election, the nearest acces- 
sible place should be utilized and a trustworthy elector stationed at 
such designated polling place during voting hours to direct those desir- 
ing to vote to the new polling place. 

6. The result of a school election must stand as announced by the 
judges until set aside by the courts in a contest procceeding. 

Polls open three hours. 

7. A school election in second and third class districts at which the 
polls are not kept open three hours and the voting done by ballot is 
illegal. 

Judges of election. 

8. The fact that there were but two judges at a school election 
would not invalidate the election, if legally conducted in other respects. 

Tax levy reconsidered — when. 

9. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of 
the district, the district would have a right to call a special meeting to 
vote an additional special tax of two or any other number of mills that 
would be inside the limit up to which a third class district is permitted 
to levy. 

School board when not bound by action of electors. 

10. A school board does not have to carry out all motions made 
and carried at the annual meeting of electors, unless such motions cover 
matters upon which the electors are entitled to pass. 

246 



APPENDIX § 154 

Notice — failure to give — polls open. 

11. A failure to give the required notice by the secretary would 
not necessarily render the election void, because this section is itself a 
notice to all voters of the day on which the election is to be held and in 
the absence of notice, fixes the time when polls shall open and close, 
provided the polls are kept open at least three hours and at a reasonable 
time. Special elections held without notice are void. 

§ 154 

Change of residence. 

a. To constitute a change of residence qualifying one to vote, the 
abandonment of the old residence must be actual, and the mere intention 
to change the domicile, unaccompanied by an actual removal, does not 
constitute such change. — People v. TUrpin, 49 C. 234. 

Qualifications of electors. 

1. If persons spend the winter in town, voting in the town in the 
fall, and return to their homes in another district less than thirty days 
previous to a school election, tney are not entitled to vote, since their 
action in voting in the November election is a declaration of their resi- 
dence in the town. 

2. Every person, male or female, over the age of twenty-one (21) 
years, who shall be a citizen of the United States, and shall have resided 
in this state twelve (12) months immediately preceding the election at 
which he offers to vote, in the county ninety (90) days, and in the dis- 
trict thirty (30) days, shall be a legal voter at an annual school election. 

3. In third class districts — that is, districts having under 350 school 
population — the provision of section 154, requiring eight days' notice of 
candidacy, is not applied. It is only in districts of the first and second 
class — districts having over 350 school population — that candidates are 
required to file written notice of such intention with the secretary of 
the school district at least eight days prior to the day of holding the 
annual election. 

4. The fact that an elector is not a taxpayer does not disqualify 
him from holding office, either by election or by appointment. 

5. There is nothing illegal in a man and wife being members of the 
same school board, since more than one director may be elected from 
the same family. 

When election illegal. 

6. An election is not illegal simply because some persons were not 
permitted to vote, even if it is shown that such persons had a right to 
vote. If the ballots excluded would change the result of the election 
there would be strong grounds for contesting the election. The law 
does not provide for the imposing of fines upon members of school 
boards who have not allowed persons to swear in their votes. 

247 



§154 APPENDIX 

7. If the candidate who received the twenty votes was not a quali- 
fied elector, his election was invalid, and a special election should be 
called by the board within ten days and notice be given as required for 
regular election. 

Judges of election must take oath. 

8. A school board of a first class district can not legally appoint 
any one to act as judge of a school election without requiring such person 
to take the oath for the same. 

Legal voter. 

9. If one is not a resident of the district he could not legally be 
elected as a director of that district. 

10. Actual residence determines one's voting place. The fact that 
a person has "taken up" a homestead, but is not at the time he offers 
to vote located upon his homestead, does not deprive him of the right 
to vote in the place of his actual residence; but if a person is holding 
a homestead claim in good faith, he must retain his residence in tne 
school district in which said homestead is located. 

11. A person who has lived in a district for over a year and a half 
and who, after teaching six weeks in the district, goes away for a certain 
time, expecting to return, is entitled to vote in such district if possessed 
of other legal qualifications. 

When an elector not taxpayer can vote. 

12. Any person not a taxpayer, but otherwise a legal voter, is en- 
titled to vote at a regular or special district school meeting upon all 
matters coming before such meeting, except upon a proposition to con- 
tract a debt by loan. 

13. It is not necessary that an elector voting to place free text 
books in a school should have been a taxpayer in the school district for 
the year preceding the elecion. 

14. It is not necessary that one should be a taxpayer to vote on 
the question as to where a school is to be held or a school building is 
to be erected. Any legally qualified elector has a right to vote on all 
questions save those relating to bonded indebtedness. 

Must be taxpayer to vote on bonds. 

15. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

Who may challenge vote. 

16. A person residing outside of the boundaries of a proposed new 
district has no legal right to challenge a voter residing within the same. 

248 



APPENDIX § 154 

17. The president of a school board, when acting as a judge of 
election, can administer the oath to a challenged roter, the fact that 
the president requires the oath being equivalent to a challenge. 

Procuring site for school house. 

18. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First, 
that a vote is necessary; second, that if the land were purchased with- 
out such a vote, the sale would be invalid; third, section 154 of the 
school law, will govern the qualifications of voters. 

Who may be director. 

19. A person cannot legally be elected a director who is not a resi- 
dent of the district. 

20. The laws of Colorado do not in any way prohibit a saloonkeeper 
from holding office as a school director, if he has been elected to that 
office in a legal manner. 

21. More than one director may be elected from the same family. 

Candidacy — when vacancy occurs. 

22. In the first class district, when a vacancy occurs after the ad- 
vertisement of the regular election, any person desiring to become a 
candidate for director, may do so by filing a written notice of such inten- 
tion with the secretary of the board at least eight days prior to the day 
of holding the election. If the vacancy occurs after eight days before 
election, the board should fill the vacancy until the regular election. 

Vote not written by voter. 

23. It is hardly expected that the legislature had in mind an edu- 
cational test when they adopted the provision "that in third class dis- 
tricts the voters should prepare their own ballots," and a strict and uni- 
versal enforcement of this provision would practically constitute such 
a test — there being no provision of the law holding that the casting of a 
vote, which is not written by the voter, would invalidate the vote thus 
cast. It is not likely that the court would interpret the casting of such 
a vote at a school election as being unlawful, provided he indicates hjis 
own choice. 

Repreci noting in first and second class districts. 

24. This section makes it discretionary with the board of education 
in districts of the first and second classes, to re-precinct the districts 
in accordance with its provisions. In the abence of any action on the 
part of the board of education, in districts of the first or second classes, 
to re-precinct the districts, the precinct boundaries, as established by 
the board at the last preceding general election, will control, and the 
secretary, in the performance of the duties devolving upon him as pro- 
vided in section 153 herein, should place in his notice the boundaries of 

249 



§ 155 APPENDIX 

the old election precincts as theretofore established by the board. (At- 
torney General's Reports, 1917-19.) 

§ 155 

Tie vote — special election. 

1. In the case of there being a tie in the vote of two candidates 
for the same position at a school election, it would be necessary to hold 
a special election for the office, in accordance with the rules provided 
for special meetings. 

2. At a school election, in case of a tie vote, it is the intent of the 
school law to provide that notice of another election shall be posted 
within ten days. 

3. In the matter of calling a second special meeting for the 
election of directors in case of a tie vote, the law contemplates no such 
action. In case a special election is not called within ten days after 
the time of holding the regular annual meeting, or in case a special 
meeting is duly called within the ten days, but a tie vote is cast, no other 
meeting for the election of directors can be called, and the vacancy 
should be filled by the county superintendent. 

4. In districts of the second class in case there is no regular nomi- 
nee an election can not be legally held, and a special election should be 
called by the board within ten days, or in case of the failure of the board 
to have properly called such a special election, the county superintendent 
should appoint. 

Power of judges. 

5. The judges must determine who is legally elected. They have 
the power to throw out an illegal vote, providing it is done before a 
signed report of said election is transmitted to the school board, or the 
final decision is given. A special meeting is only called in case of a tie, 
and must be within ten days after the election. 

Contestst— question for courts. 

6. The result of a school election must stand as announced by the 
judges until set aside through legal proceedings contesting the election. 
An election contest is a question for the courts to decide. 

7. The county superintendent has no authority to set aside an elec- 
tion, as it can only be done by the courts, and the county court of a 
county will have jurisdiction in the matter. 

When county superintendent fills vacancy. 

8. If the annual election of school directors is not held, and a spe- 
cial election is not called within the required ten days thereafter, it then 
devolves upon the county superintendent to fill vacancies by appointment. 



250 



APPENDIX §§ 162, X64 

Old board not hold over. 

9. If an election of school directors is not held, the old board does 
not hold over. The law provides that, within ten days -after election, 
notice should be posted of another election. 

Continued meeting. 

10. When a meeting follows after the ballot box has been closed 
at an annual meeting, it may be regarded as simply a continuation of 
the first meeting. 

§ 162 

Qualification of elector 1 — residence. 

1. The fact that a husband resides in Colorado the required length 
of time to establish citizenship, does not establish citizenship for his 
wife. She must have lived in the State of Colorado for at least twelve 
(12) months before she has the legal right to vote at any election. 

§ 164 

Livery stable certain distance from school. 

a. An ordinance prohibitin a livery stable in any block in which 
a school building is situated, or in any block opposite such a block, 
without reference to the manner in which such stable is constructed, 
kept or used, and without specifying distance, cannot be considered as 
reasonable, and so is invalid. — Phillips v. City of Denver, 19 C. 179. 

Electors levy special tax. 

b. The power to levy a special tax in a school district of the third 
class is by statute vested in the electors thereof and cannot be exercised 
by the board of directors. — County Comrs. v. R. R. Co., 3 C. A. 398. 

Lien law not apply school buildings. 

c. The provisions of the mechanics lien law cannot be applied to 
public school buildings. — Florman v. School Dist, 6 C. A. 319. 

Who may vote. 

1. Any person not a taxpayer, but otherwise a legal voter, is en- 
titled to vote at a regular or special district school meeting upon all 
matters coming before such meeting, except upon a proposition to con- 
tract a debt by loan. 

2. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

3. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all ques- 
tions save those relating to bonded indebtedness. 

251 



§ 164 APPENDIX 

Site of school house determined by electors. 

4. The site for a school building in districts of the third class can 
be selected or. changed only by vote of the electors taken at the annual 
meeting, or a special meeting legally called for that purpose. 

5. A board of school directors can not legally change the site for a 
school building which has been selected by a legal vote of the electors 
of such district. « 

6. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

7. The law does not require that a school house shall be placed on 
a public road. 

8. The school board of a third class district has no right to move 
school buildings unless directed to do so by vote of the electors of the 
district. 

9. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 
school house in a certain portion of the district, it would hardly be held 
to be within the power of the board to defeat the will of the electors 
by establishing a school in some other place. 

10. No petition is necessary to bring the question of selecting a 
site for a school house before the electors concerned. 

11. The location of a school house is for no definite time, and a 
vote may be taken on the question of moving the school house as often 
as a meeting for the purpose can be legally called. 

12. A school district has not a legal site if the school is on what 
was formerly government land, but which land has since been filed on 
under homestead law. 

Building of school house, determined by board. 

13. In building a school house the board of directors must keep 
within the appropriation of the electors. If it is desired to spend more 
money than the original appropriation, a meeting of the electors must 
be held to determine whether they will authorize the additional expendi- 
ture. 

14. The law does not specify the manner in which a school board 
shall proceed in the matter of building a school house or whether such 
board shall advertise for bids or not. The board is permitted to exercise 
discretion in the matter, having in view at all times the best Interest of 
the district. 

15. A sale of a school house, unless authorized by vote of the elec- 
tors of the district, is void and may be set aside in the proper proceed- 
ing instituted by any elector of the district or by the county superin- 
tendent. 

252 



APPENDIX § 164 

16. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First, 
that a vote is necessary; second, that if the land were purchased with- 
out such a vote, the sale would be invalid; third, section 154 of the school 
law will govern the qualifications for voters. 

17. The board has no authority to build a school house except when 
directed to do so by a vote of the district; the fund remaining in the 
treasury can not be used for building a school house, except upon a vote 
of the electors. 

18. Sehool must be held in a building situated within the boundaries 
of the district. 

19. The electors of the district have the power to direct the sale 
of the school house and the site and to empower the board to sell to the 
county commissioners at the stated offer if they are so inclined; and 
there is no law requiring it to be advertised and sold if the electors 
wish to make a private sale. 

20. The electors of a district are the only persons who have power 
to levy tax for the purpose of building school houses. 

21. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special 
meeting called for that purpose. Such sale should be made in the man- 
ner prescribed by the electors, which ordinarily should be at public sale 
after proper advertisement. 

22. The building of a school house as permitted by vote of the elec- 
tors at the last meeting would be lawful if the meeting was a legal meet- 
ing, even though the vote was taken in reconsideration of the question 
as previously passed upon. 

23. The electors of a district when assembled at the 1 regular annual 
school meeting in a district of the third class have a right to instruct 
the school board as to what the material of a new school building 
shall be. 

Taxes. 

24. In regard to the method of raising money to build a school build- 
ing, the law prohibits the issuing of warrants in excess of the revenues of 
the district for the current year; therefore an arrangement for issuing 
warrants payable in one, two and three years, the qualified voters to 
vote a levy to be collected in one, two and three years to pay the war- 
rants, would not be legal. The voters have no authority to vote a levy 
except for the current year and it would, therefore, only be possible to 
raise the money by voting bonds for the amount if the electors do not 
wish to levy the whole tax in one year. 

25. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy can not be made by board of directors. 



253 



§ 164 APPENDIX 

26. The law requires a majority vote for a special tax levy and the 
amount of the levy should be fixed by the electors at a regular or spe- 
cial election. 

Special levy. 

27. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

28. There is no limit to the special levy in first and second class 
districts. 

29. There is no law authorizing the levy of a tax for a sinking fund, 
but section 164 of the school law does authorize the levying of a tax 
for building purposes.. The law has been interpreted to mean that the 
tax levied under it must be for a specific purpose, as for building a 
school house, purchasing a site, etc. 

30. The special tax levy should be made previous to sending in the 
annual report of the secretary of the district. The levy can be certified 
to legally by two members of the board. 

31. In the call or notice of a special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors to 
vote for or against the levy thus proposed, without discussion or amend- 
ment. 

32. When the electors have voted a! definite special levy for building 
a school house, the board can not spend in building said school house 
more than the proceeds of said special levy, unless so directed by the 
electors. 

33. W|hile the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to ty the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which, a third class district is permitted to levy. 

34. According to legal decisions in this state, a special tax can be 
voted at other than the annual meeting. Paragraph 4, section 164, of 
the school law has been interpreted, in connection with the introduction 
of such section to authorize this. 

35. A vote of the electors authorizing a tax levy for building pur- 
poses is not sufficient. The vote should include both the amount of tax 
levy and the authority to erect a school building. 

Free text-books by vote of people. 

36. In case of a new district formed from one in which text books 
are furnished free, such new district should be entitled to its pro rata 
share of those on hand and the question of supplying additional free 
text books in such new district must be submitted to a vote of the people. 

37. The board of directors must furnish books for all pupils when 
Instructed to do so by a majority vote of the electors of their district, 

254 



APPENDIX § 165 

as expressed at any regular meeting or special meeting called for that 
purpose. 

38. In regard to a district board furnishing free text-hooks, the pro- 
visions of the law mean that a majority of the votes cast upon the ques- 
tion of providing free text-books for the district shall govern, and not a 
majority of aU the electors residing in the district. 

39. The fact that a district has voted to furnish free text-books to 
its school children, and has done so for a number of years, does not per- 
manently bind the district so to furnish the textbooks. If brought up 
in the manner prescribed by law, the district may again vote upon the 
matter. 

Tuition. 

40. Section 134 herein provides that when a pupil resides remotely 
from the school house in his district, and a school house is more ac- 
cessible in an adjoining district, he shall be permitted to attend the 
latter and be granted the same privileges as a resident pupil. This right 
is mandatory on both boards of directors, and can only be defeated on 
the ground of insufficient room in the latter district, and the board of his 
district is obliged to pay the tuition agreed upon by the two boards, or, 
upon their failure to agree, that fixed by the county superintendent. 

§ 165 

Normal school diploma. 

a. A state normal school diploma licenses the holder to teach in the 
public schools of this state until annulled by the state sueprintendent or 
suspended by a county superintendent, and is evidenced of a vested con- 
tinuing right to teach in any public school in the state and cannot be 
superseded or modified by any mandate or order of a school board. — 
Nash v. School Board, 49 C. 555 

Teachers' examinations in higher grades. 

1. The law implies that teachers in second and third class districts 
who are to teach the higher grades should be examined in such branches 
at the regular county examination. 

2. The fee for the examination is one dollar, no matter how many 
subjects are taken. 

3. The grade of a county certificate would in no way affect the 
grade of a teacher's high school certificate. 

Time of examination. 

4. Examinations for teachers' certificates cannot be taken at any 
time except at those times prescribed by law for public examinations, 

Age of applicant. 

5. The law provides that an applicant for a teachers' certificate 
must not be less than eighteen years of age, and it would be illegal 

255 



i 165 APPENDIX 

to grant a certificate to one under such age, and illegal for a school 
board to employ a teacher under such circumstances. 

6. When an applicant of lawful age presents himself for the county 
examination the county superintendent has no course other than to re- 
ceive and grade the papers and report the same to the superintendent 
of public instruction; but he may refuse to grant a certificate on proof of 
immorality, incompetency, drunkenness or like cause. 

Rules governing examination. 

7. The state superintendent makes rules governing county examina- 
tions; and the questions issued therefor are divided into sections, one of 
which, by direction of the state superintendent, shall be presented at the 
beginning of each of four different sessions; and in order that all appli- 
cants may have an equal opportunity, and to avoid the possibility of any 
being informed in advance of the nature of the examination, the county 
superintendent is instructed to break the seal of each section at the open- 
ing of the session for which it is prescribed, and in the presence of all 
applicants. 

8. The rules governing county examinations of teachers definitely 
state that an average of ninety with no branch below seventy shall be 
required for a first grade; and an average of eighty with no branch below 
sixty-five for a second; and an average of seventy-five per cent, with no 
branch below sixty for a third grade certificate; and each certificate 
should show such grading, and a certificate if not issued in accordance 
therewith would be invalid. 

Regular examination only. 

9. A county superintendent has no right whatever to give a per- 
sonal or oral examination to an applicant, even though such applicant 
has been requested to take a school and has no certificate. 

10. The county teachers' examination cannot be taken in parts, 
either for purpose of raising previous marking or of taking balance of 
examination at future time, since the whole examination must be taken 
at one time in order to obtain a certificate. 

11. The state superintendent has no right to provide for any exam- 
ination other than those specified by the law. 

Permits not granted. 

12. There is no law authorizing the giving of a temporary permit 
or certificate, and it would be illegal to employ any person to teach in 
the public schools of the state unless such person shall have a certifi- 
cate. 

Endorsements. 

13. It is not legal for a school board to retain a teacher whose cer- 
tificate has expired if the term of school for which such teacher is em- 
ployed extends more than one month after such expiration. 

256 



APPENDIX § 165 

Held to include normal school diplomas from other states. 

14. The county superintendent may in case of emergency recog- 
nize county teachers' certificates of any grade issued in this, or other 
states, by endorsing thereon the word "Good" until Ihe next regular 
county examination; provided, that such certificate shall be in full force 
at the date of such endorsement, and shall not be renewed, extended, 
nor show a previous endorsement thereon, and an emergency may be 
said to exist whenever there is a vacancy in any school in the county, 
and no teacher holding a valid certificate who is qualified to teach that 
particular school can be obtained therein; but this does not mean that 
other conditions might not arise which would warrant the county super- 
intendent in declaring an emergency. 

15. Circumstances created for a certain purpose do not constitute 

ah emergency, and should not be construed as such within the meaning of 

this section. 

i 

16. There is nothing that can be done in the case of an expired 

certificate, as only certificates in full force can be endorsed in case of 
emergency. 

17. The laws of Colorado do not give county superintendents the 
slightest authority to recognize district certificates in any way; and 
such certificates are valueless so far as entitling their holders to a right 
to teach in other schools of the county. 

18. Since the law provides that the certificate issued by the boards 
of districts of the first class must be of the same grades and under the 
same conditions as those specified in sections 165 and 48 of the school 
law, it follows that equal requirements must be made in districts of 
the first class as in other districts, and the board would not have the 
right to exempt the candidates from examination in one or more of the 
subjects specified in section 165 of the school law. 

19. The endorsement of a first grade certificate until the next ex- 
amination will not invalidate it in the county where issued. 

20. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county superin- 
tendent. 

21. A certificate of like grade from one county cannot be endorsed 
by a county superintendent of another county, but if the first certificate 
upon which the like grade was issued is still in force another like grade 
certificate upon it can be issued in another county. 

22. It is impossible for a county superintendent who has endorsed 
a certificate to issue a renewal of the same. Any renewal of a certifi- 
cate must be made in the county where the certificate was first issued. 

23. The time for which an endorsed certificate is good is simply 
that specified by the endorsement. Section 338 applies to such cases 
excepting that the teacher does not have the right to take advantage of 
the one month provision. 

24. The state superintendent has no right to endorse certificates; 
that is a matter which rests with the county superintendent. 

257 



§ 165 APPENDIX 

25. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this, or any other state, if the certificate be not in full 
force at the date of each endorsement; and should the board employ 
a teacher with such a certificate, all claim to compensation on the school 
fund for the term will be forfeited. 

Superintendent may appoint deputy. 

26. Since the bar examinations are conducted in connection with the 
regular county examination of teachers, the law governing the latter 
examination would also apply to the former; and if attendance at the 
county seat works a great hardship to five or more teachers in the 
county, the law permits the county superintendent to provide an exam- 
ination for them at some convenient place, to be conducted by some 
suitable person. 

27. The state superintendent has no authority whatever to author- 
ize county superintendents to appoint deputies outside of the state; 
nor has he any right to send questions to any individuals outside of this 
state so that the county teachers' examination could be taken elsewhere 
than in Colorado. 

28. If a county superintendent desires to obtain a certificate to 
teach in the county in which he resides, he is advised to appoint a deputy 
to conduct the examination and pass upon the answers given to the 
questions propounded; also, to issue a certificate in accordance with the 
result of the examination. 

Special certificate for high school. 

29. The law makes the same requirements of the principal or 
teachers of a county high school as of any school of high grade. There- 
fore, a teacher's certificate covering the high school branches must be 
obtained by the applicant who expects to teach in a county high school. 

Teacher not entitled to pay for time lost attending. 

30. A teacher is nor entitled to receive pay for the time lost while 
attending a teachers' examination. 

State superintendent cannot excuse from examination. 

31. The state superintendent has no authority to excuse a person 
from taking an examination. 

Failure. 

32. When a teacher holds a first grade certificate, and also one of 
"like grade," the fact that she fails to pass an examination in either 
county would not affect the standing of the first grade already obtained 
by her. 

Eighth grade. 

33. There is no specific law governing the eighth grade county ex- 
aminations. The matter is entirely under the management of the county 
superintendent. 

258 



APPENDIX §§ 171, 182, 188 

Answers filed. 

34. The law requires that the written answers of all applicants be 
placed on file for three months, the same subject to the order of the 
state board of education. 

Appeal. 

35. Neither the state superintendent of public instruction nor the 
state board of education has the power to compel a county superintendent 
to recognize examination papers prepared under the supervision of the 
county superintendent of another county, as this is a mere matter of 
comity between county superintendents. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such 
papers and mark them and issue a certificate thereon, the board of educa- 
tion has no other course than to dismiss the appeal. 

§ 171 

Directors to purchase and display U. S. flag. 

1. Pursuant to custom now established in several states of the 
union, the governor of this state proclaims June 14th as Flag Day, and 
all the public schools of the state are requested to observe the day in 
exercises of a patriotic character. 

§ 182 

Investment of school funds. 

1. School funds must be securely and properly invested. The stat- 
ute provides that school funds may be invested only in bonds of an ir- 
rigation district which are a first lien upon the district. The state 
treasurer is custodian of school funds, but such funds may be invested 
as directed by the legislature. (Attorney General's Reports 1911-12, page 
171) 

Public school income fund' — investment. 

2: The public school income fund cannot be appropriated for the 
purpose of paying the salaries and expenses of the office of superintend- 
ent of public instruction. (Attorney General's Reports 1899-1900, page 197) 

§ 188 

Legal use of general fund. 

1. The general fund may be used only for teachers' wages, and 
necessary current expenses, until the school has been conducted for a 
period of ten months in one year. 

2. The general fund may be used for building, furnishing or erecting 
additions to school houses, or for improving the school house, sites or 
lots, only after the expense of maintaining the school for a period of ten 
months in one year shall actually have been paid. 

3. It is legal to draw on the general fund to pay the janitor who 
is employed In a school. 

259 



§ 188 • APPENDIX 

Illegal use of school funds. 

4. A school board cannot legally loan the money of the district. 

5. The school funds cannot be legally used for defraying the ex- 
penses of a singing school. 

6. Insurance premiums and attorney's fees are not expenses "in- 
cidental to the support of a public school," and therefore must not be 
paid from the general fund. 

7. A director of a school board has no right whatever to draw money 
from the funds of a school district to pay for his child's board while at- 
tending school in another district. Any members so misappropriating the 
funds of the district can be compelled by process of law to refund the 
money. 

8. The school board has no right to use the school funds in the 
employment of attorneys or other expenses to antagonize the action of 
a board of health. 

9. A school board cannot legally contract for the work of instructing 
high school pupils to be done by a private party or corporation and pay 
for it out of public school funds. 

10. There is no provision of the school law allowing a pro rata 
share of the school fund to be used for the private teaching of one of 
the pupils within a district. 

For what purposes special funds may be used. 

11. School directors of a district of the third class may purchase 
an organ for the use of the school and pay for it out of the special fund. 
The general fund cannot be used for that purpose. 

12. Bonds cannot be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

Two schools of five months do not meet requirements. 

13. Two schools in one district, holding a five months' session each, 
do not conform to the requirements of the law as prescribed in section 
188. 

Money not turned into general fund. 

14. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and cannot be turned into the 
general school fund of the county for reapportionment. 

General school fund and fund from special tax — use of. 

15. There is no difference in a general fund and a fund derived by 
a special tax upon the district for general school purposes — only in the 
manner of their creation; they may be used for the same purpose. (Attor- 
ney General's Reports 1893-4, page 88) 

260 



APPENDIX §§ 198, 201 

Use of surplus of fund. 

16. A school district can legally use the surplus for the erection of 
an additional school building if enough money has been put aside to 
run the school for ten months. 

§ 198 

Fee, when n®t required. 

1. There is no law authorizing a county superintendent to charge 
a fee of $1, or any other sum, for registering a certificate issued by the 
state normal school. 

2. Teachers' certificates issued by board of directors of first class 
districts are reported to the county superintendent, but they are not 
renewed or endorsed, therefore, no fee would be charged for the regis- 
tration of said certificates. 

Fee, to whom paid. 

3. The fee paid to a county superintendent by an applicant, whose 
papers are to be forwarded to another county may be sent direct to the 
state superintendent and not forwarded to the other county superin- 
tendent. The county superintendent of any county should send the 
money to the state superintendent for all applicants taking the exami- 
nation under his supervision. 

4. "When an examination is taken the fee should be paid to the 
county superintendent where the examination is held prior to delivering 
to such applicant the examination questions. 

Fee for duplicate certificate. 

5. A fee should be charged for issuing a duplicate certificate the 
same as in original issuing of certificates. 

§ 201 

Duties of county treasurer in regard to funds. 

1. r-The county treasurer is responsible for placing moneys in the 
wrong fund. It is his duty to place moneys collected from fines, for- 
feitures, etc., to the fund designated by law. 

2. Unless otherwise expressly provided by statute*, the moneys from 
fines, penalties and forfeitures, should be turned by the county treasurer 
into the general school fund of the county rather than into that of a 
particular district; although fines assessed by justices of the peace may, 
in some cases, go to the credit of the school district in which the action 
occurred. 

Duties of county superintendent in regard to fund. 

3. More than any other person, the county superintendent is the one 
to look after that portion of the school fund arising from fines and for- 
feitures. He should examine the books of the county treasurers, records 
and fee books of justices of the peace and clerks of courts, to ascertain 

261 



§§ 208, 215, 219 • APPENDIX 

whether or not the fines have been collected, and if collected, whether 
they have been placed to the credit of the proper fund and paid over. 

Disposition of fines. 

4. This section is controlling in regard to the disposition of fines 
arising from prosecutions of all crimes and misdemeanors in this state, 
and, unless specific provision is made for the diposition of fines in the 
statute under which a person is prosecuted, all fines must be paid into 
the county school fund. — (Attorney General's Reports 1917-1919) 

5. Unless otherwise specifically provided by law the fines collected 
for breach of the fish and game laws should be placed to the credit of 
the general county school fund. — (Attorney General's Reports 1893-4, 
page 226) 

§ 208 

Garnishment — constitutionality of act. 
1. These sections attempt to amend the act of 1891, the title of 
which reads: "An act for the garnishment of municipal corporations." 
Since these sections attempt to extend the garnishment right beyond 
municipal corporations, they are unconstitutional and in controvention 
of section 21 of article 5 of the state constitution, for the reason that 
the original act applied to municipal corporations only. (Attorney Gen- 
eral's Reports 1915-16, page 292) 

§ 215 

County High School — withdrawal from. 

1. There is no provision in the school law which permits or enables 
a district belonging to a county high school district to withdraw from 
said county high school district, and therefore, where a district attempts 
to withdraw from a county high school district and affiliate itself with 
a union high school district, it cannot be concluded that said district 
has consented to taxation in both the county high school and union high 
school districts, there having been a mistake as to its rights to withdraw 
from the county high school district. In the absence of legislation to the 
effect that one district forming a part of a union or county high school 
district can withdraw from said union or county high school 
district and become consolidated with another district, no such right 
exists. Where the voters cast a ballot for "withdrawing from — county 
high school district and uniting with — union high school district" it is 
apparent that the electors do not wish to became taxed for maintenance 
of both county and union high schools, and, since their action in at- 
tempting to withdraw from the county high school district is a nullity, 
the union high school district has no right to receive maintenance rev- 
enue, or any portion thereof, from the district. (Attorney General's Re- 
ports 1915-16, page 350) 

§ 219 

County superintendent has vote — need not give bond. 
1. The county superintendent has a vote as a. member of a county 
high school committee. This also involves his voting whether there is 
or is not a tie. 

262 



APPENDIX §§ 220, .221 

2. A county superintendent need not give bond as secretary of the 
county high school committee, since his bond as county superintendent 
covers all obligations imposed upon him as an official. 

County superintendent has no vote selecting high school committee. 

3. The law in regard to county high schools gives the county super- 
intendent no authority to vote with the directors of the county in se- 
lecting a high school committee, even in the case of a tie vote. But the 
selection of the member of such committee should be by a majority vote 
of all the legai votes present. 

County superintendent not entitled to salary as secretary — bond. 

4. Services rendered by a county superintendent as secretary of a 
county high school committee are performed by virtue of his office as 
county superintendent and the salary of such county superintendent is 
intended to cover any and all services rendered by him. It is not neces- 
sary that a county superintendent give bond as secretary of the county 
high school committee since his bond as county superintendent covers 
all obligations imposed upon him as an official. (Attorney General's Re- 
ports 1909-10, page 177) 

Use of proxies illegal. 

5. Proxies for use in an election of a county high school committee 
are not legal. 

§ 220 

Expiration of office. 

1. The tenure of office as a member of the county high school board 
expires with the expiration of the term of office of the member of the 
board in the district where he has been elected to office. The fact of 
his re-election in the district would not necessarily mean the continu- 
ance of his office as a member of the high school board. His continuing 
to hold the position would be entirely dependent upon the fact of his 
being again selected to the joint school board after his re-election as a 
member of the district board. 

2. In case an appointment to fill a vacancy in a county high school 
committee is made, it holds only until the next election, and not until 
the appointee's term as director of the school district is concluded. 

§ 221 

Twenty days' notice of special meeting. 

1. It will be necessary to give twenty days' notice of the special 
meeting called for the purpose of voting upon the question of supplying 
free text books for the county high school, and notices should be posted 
in the various school districts composing the county high school district 
as is required in the case of a special district meeting or election. 

263 



3 224 APPENDIX 

a 224 

Powers of committee. 

1. The county high school committee would not have the authority 
to hire the county superintendent to teach in such high school, such su- 
perintendent still holding office as county superintendent, which makes 
him a member of the county high school committee. 

2. A county high school committee has not the authority to furnish 
free text books to the pupils attending the school unless a majority vote 
of the electors of the county has been cast in favor of such action. 

3. The county high school district has the right to levy a one-tenth 
mill tax for -library purposes, just as any other district has. 

4. The county may be bonded for the expenses of building just 
as any school district may be bonded. 

5. It is the duty of the high school committee to certify to the 
board of county commissioners the amount of tax to be levied for county 
high school purposes, and it then becomes the duty of the county com- 
missioners to levy the tax. If the high school committee fails to per- 
form its duty, it may be required to do so by mandamus. 

Principal cannot be county superintendent. 

6. In the case of the principal of a county high school being elected 
county superintendent, he could not legally hold both positions. 

Principal has no authority over county schools. 

7. The principal of a county high school has authority only over 
such high school rooms, and has no control over the country schools 
in the same district. 

Special certificate to teach in high schools. 

8. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

Warrants not drawn till levy made. 

9. Warrants cannot be legally drawn and registered on the county 
high school fund before the levy has been made. 

How county high school supported. 

10. Persons attending the county high school will not draw state 
and county funds from the quarterly and semi-annual apportionments as 
a separate amount for the benefit of the high school. Their names are 
to be included in the various districts where they reside, said districts 
drawing the per capita amount for their names. The high school is ex- 
pected to be entirely supported by direct taxes. 

264 



APPENDIX §§ 228, 231, 234 

§ 228 

Bonds — location of school building. 

1. Question of voting bonds for a county high school in counties 
of the fourth and fifth class should be submitted by the county high 
school committee and not by the board of county commissioners. The 
school building should be located at the county seat unless otherwise 
determined by the vote of the electors. (Attorney General's Reports 
1905-6, p. 171.) 

§ 231 

High school committee at county seat. 

a. The committee of a high school in a district which includes the 
county seat consists of either the full board of the school district, or of 
three members of it as the district board may determine. — Money v. 
McCauley, 44 C. 272 

How established. 

1. The directors of a third class district have no authority to es- 
l iblish a high school except under the provisions of Section 231 of the 
School Laws, Annotated, when such district embraces within itself a 
county seat. 

Committee — oath — bond — members. 

2. A high school committee shall consist of only three members, 
and the county superintendent shall be, ex-officio, an additional member 
of said committee and shall preside at its meetings. 

3. The members of the union high school board should give bonds 
and take oath of office the same as the members of any other board. 

4. After the election of the union high school committee the mem- 
bers should meet, organize and elect officers the same as in the first class 
districts. 

School districts organized for high school purposes — bodies corporate 

— bonds. 

5. School districts organized for high school purposes within the 
counties are complete and distinct organizations within the counties and 
are bodies corporate— possessing all power incidental thereto, and may 
issue bonds to raise funds for erecting school buildings. — (Attorney Gen- 
eral's Reports 1901-2, page 17) 

§ 234 

Has right of body corporate. 

1. A union high school district may be bonded for the purpose of 
erecting a high school building. The uniting of contiguous districts into 
one district for a special purpose gives such district, when properly or- 
ganized, the same right to act as a body corporate as other districts 
possess. 

265 i 



§§ 235, 242, 244, 245 APPENDIX 

Powers of board not increased. 

2. The fact that union high schools have been established does not 
increase the powers of boards of the third class districts in the matter 
of erecting high school buildings, but their powers of erecting such build- 
ings must be derived from the electors, as in other cases. 

§ 235 

Apportionment of school fund. 

1. The amount of the general fund apportioned to a pupil attending 
a union high school should be credited to such high school and not to 
the district in which he resides. 

Pupils not draw money for common and high school. 

2. A pupil cannot be listed as a union high school pupil and also 
as a pupil of the district in which he resides and draw general school 
money for both common and union high schools. 

Annulment — moving school building. 

3. The School Laws of Colorado make no provision for the annul- 
ment of a union high school district. A union high school could be 
moved to a more convenient location by a two-thirds vote of electors 
comprising such union high school district. 

§ 242 

Committee — Fourth or Fifth class districts. 

1. The county superintendent is not a member of a union high school 
committee in a county of the fourth or fifth, class, but the board is com- 
posed of one member from each of the outlying districts and the mem- 
bers of the regularly organized district in which the building is located. 

2. The members of the union high school board should give bonds 
and take the oath of office the same as the members of any other board. 

3. After the election of the union high school committee the mem- 
bers should meet, organize and elect officers the same as in the first 
class districts. 

§ 244 

District high schools — how maintained. 

1. District high schools are a part of the common school system of 
their respective districts, and are maintained in the same manner. 

§ 245 

Legal holidays — how observed. 

1. A legal holiday falling upon Sunday, it is customary to observe 
Monday. 

266 



APPENDIX § 245 

2. The twenty days of a school month include such holidays as 
may occur on school days within that month. 

3. The time between Christmas and New Year's may be given to 
the teacher if the school board chooses to do so, but it does not legally 
belong to him. 

4. A school board has the right to determine the time and duration 
of vacations. 

5. Labor Day, being a legal holiday in Colorado, one is not required 
to teach a day during the month of September to make up for the school 
day lost. 

6. When school opens on the Tuesday following Labor Day, Labor 
Day is counted as a holiday, and it is not required that it be made up by 
teacher. 

7. Lincoln's Birthday is considered a legal holiday. When a holi- 
day occurs on Sunday it is customary to observe the following Monday. 

8. Established custom provides for the observance of Washington's 
and Lincoln's birthdays in the public schools by having a patriotic pro- 
gram the day previous to the holiday, and it is so understood and so 
observed. 



Teacher entitled to salary for legal holidays — make up lost time — when. 

9. A teacher is entitled to have as holidays the days designated as 
such by the laws of Colorado, and is entitled to receive her pay for the 
same when occurring on school days during her term of school. 

10. In the absence of an express provision in a teacher's contract 
excluding holidays, the teacher is entitled to pay for all holidays coming 
within the school week included in the period of employment. ' 

. 11. If, with the consent of the directors, a teacher holds school 
on a legal holiday to make up for a day lost, the teacher is entitled to 
pay for the full month. 

12. To be entitled to his salary for the day, the teacher should re- 
main in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

13. Any legal holiday that occurs during term time, i. e., between the 
day school commences and closes is a holiday for the teacher, who re- 
ceives pay for that day. If Friday after Thanksgiving, which is not a 
legal holiday, or on other days school is dismissed, the teacher may make 
up the time on Saturday or any time that suits the directors. The di- 
rectors should be consulted and they should regard the convenience of 
the teachers and the patrons of the school. It is the duty of teachers to 
make up all lost days, except legal holidays. 

267 



§§ 245, 247, 257 APPENDIX 

Vacation — teachers not entitled to pay. 

14. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the month, and paid a 
fixed sum per month, vacations are deducted, if there is no contract to 
the contrary. A teacher could just as lawfully claim pay for the long 
summer vacation as for the customary holiday vacations; this does not, 
however, refer to legal holidays. 

15. A teacher is entitled to pay for New Year's Day, which comes 
on Monday of the first school week after vacation unless otherwise 
specially provided in the contract of employment. If the entire week 
had been made a vacation, then the teacher would be entitled to no com- 
pensation for such holiday. 

Year. 

16. The fiscal year, with reference to which all taxes are levied, 
and all revenue matters are provided for, begins with December 1st and 
ends November 30th, while the school year as relating to the making 
of reports, election of officers and term in which the necessary months 
of school must be held, is between July 1st and June 30th. 

17. The law requires that school shall be taught five days in the 
week. There is no provision which would make it illegal to hold school 
on Saturday. 

Hour's intermission. 

18. The teacher has a right to her hour's intermission at noon, pro- 
viding she teaches the requisite six hours through the day. She is re- 
quired to teach school from 9 a. m. to 4 p. m., unless the board gives her 
permission to finish at an earlier hour. 

§ 247 

Legal holiday. 

1. While Arbor Day is a legal holiday, it is not a holiday in the 
sense that the schools may be closed upon that day, since certain ob- 
servances are required on the part of the schools. 

§ 257 

Establishment of school mandatory. 

a. Section 2 Article 9 of the constitution providing for the estab- 
lishment and maintenance of a system of free public schools, is manda- 
tory and requires affirmative aetion by the legislature, and is not a lim- 
itation of its power to provide free schools for children under the age 
of six years.— In re Kindergarten' Schools, 18 C. 234 

Certificates. 

1. Under the above provision a Colorado school board may lawfully 
employ a kindergarten teacher having a diploma from some reputable 

268 



APPENDIX § 258 

Kindergarten teachers' institute outside of the state of Colorado, and it is 
not necessary that such teacher shall first pass an examination directed 
by the kindergarten department of the state normal school. (Attorney 
General's Reports 1893-4, page 194) 

2. It is illegal to pay from the public fund a kindergarten teacher 
jr assistant who holds no kindergarten certificate. 

3. A district of the first class has no authority to issue kindergarten 
certificates. 

4. It would not be legal for a district of the first class to employ 
a teacher for kindergarten work if the board's certificate is the only cre- 
dential that she holds in connection with such work. 

5. The examination for state kindergarten certificate occurs on the 
third Thursday, Friday and Saturday in August at the office of the super- 
intendent of public instruction; and a certificate obtained at the state 
kindergarten, examination is good for life, unless revoked by the state 
board of education. 

§ 258 

County superintendent not entitled to compensation, when. 

a. There is nothing in the law imposing a duty upon county super- 
intendents to attend a district normal, and the county superintendent 
who does so is not entitled either to mileage or a per diem compensa- 
tion, although he may be a member of the executive committee of the 
normal district. — Stevens v. Sedgwick Co., 5 C. A. 115 

Five per cent, credit for attendance. 

1. A county superintendent is under no obligation to add five per 
cent, to the standing if applicants for teachers' certificates who attend 
the normal institute from a county other than his own, but he may if 
he so desires. 

2. It is not intended by law that the five per cent, for attendance 
at normal institute shall be added in any county unless the applicant 
has attended a normal institute in this state during the whole time it is 
in session. 

3. The five per cent, allowed an applicant for a teacher's certificate 
on account of attendance at a normal institute means a straight five 
per cent, of one hundred, and not five per cent, of the general average, 
for otherwise one teacher would receive more credit than another for 
attending such institute, which is not the intent of the law. 

4. The credits which county superintendents are instructed to give 
to applicants for certificates by reason of attendance at the normal in- 
stitutes should be given to those persons only who have attended an in- 
stitute in Colorado. 

5. The five per cent, credit may be given at any examination during 
the year immediately following the normal institute, and the county su- 
perintendent may use his discretion at which examination this is to be 
given; Provided, That it is only to be given at one examination. 

269 



258 APPENDIX 



Session. 



6. Two weeks' session of the normal institute must be held. If the 
session is shorter, the county commissioners are under no obligation to 
pay for teachers attending from their county. 

Teacher not paid for attendance. 

7. Where a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay 
the teacher the same as if she had taught school, although the school 
board has the right to allow the teacher such time and pay her for it 
upon the request of the county superintendent; but the authority in the 
matter rests with the district board. 

Pay for services as conductor. 

8. It shall be unlawful to pay any one from the institute fund for 
services as conductor or instructor of such institute, who does not hold 
a certificate or qualification for such work, issued by the state board of 
education upon the recommendation of the state board of examiners; 
Provided, That a member of the state normal school faculty shall be 
ex-officio a conductor of normal institutes. 

Time and place of normal — how determined. 

9. The executive committee from each normal institute district with 
the advice and consent of the state superintendent of public instruction, 
and the president of the state normal school, shall determine the time 
and place of holding such normal institute, and select a conductor and 
instructor for the same. 

Certificate not endorsed. 

10. A normal institute certificate need not be endorsed. The cer- 
tificate is good until revoked by the state board of education, or until 
the expiration of the time specified on the face of the certificate. 

Fee. 

11. The law requiring a dollar fee for a teacher upon taking the 
examination, in no way does away with the requirement of the attend- 
ance fee for attending a normal institute. 

Meeting of committee — by worn called. 

12. If the president of an institute executive committee fails to 
call a meeting of the committee it would be proper for the other two 
members to call a meeting, giving the president notification of such 
meeting; and at such meeting it would be proper to transact the neces- 
sary business to establish and maintain a successful institute. 

270 



APPENDIX §§ 259, 278, 281 

Attendance of county superintendent at district normal not compulsory. 

13. There is nothing in this act imposing a duty upon county su- 
perintendent to attend a district normal, and a county superintendent 
who does so is not entitled either to mileage or a per diem compensa- 
tion, though he is a member of the executive committee of the normal 
district. 

§ 259 

Director not make contract with board — county superintendent. 

1. Any member of a board of directors who shall have any voice 
or vote in awarding a contract lawfully enter into any part in the 
fulfilling of said contract; nor can he take or receive any part or por- 
tion of the money specified in said contract, or be in any way, manner 
or degree interested in said contract, except in his official representative 
capacity. 

2. A school director cannot legally become a teacher in the district 
in which he holds that office. 

3. A school director has no right to cause his district to be in any 
way indebted to him unless such director happens to be secretary of the 
district and compensation has been allowed, in which case he makes 
out a warrant to himself, and that warrant is signed by the treasurer. 

4. Contracts made by a school district with a school director in 
violation of the law relative to public contracts are void. 

5. Directors can only receive compensation for labor performed un- 
der a contract expressed or implied and therefore the county superin- 
tendent will be justified in stopping the payment of warrants drawn in 
favor of school directors, except those drawn in favor of the secretary 
of the school district for his salary. (Attorney General's Reports ? 897-8, 
page 124). 

§ 278 

Funds and system for schools not prohibited. 

1. This prohibits special laws on management of schools, but it does 
not prohibit special laws providing for funds for support of schools. — 
Fuller v. Heath, 89 Illinois 296. This does not limit the legislature in the 
means of providing for a system of schools. — Fuller v. Heath, 89 Illi- 
nois 296. 

§ 281 

What constitutes a public school. 

1. The departments of a school cannot be legally considered as 
separate schools. 

2. Where a school is conducted as a public school, even though 
supported by other than public school money, it is proper to include the 
additional term after the five months provided for by the school fund, 
as if it were also supported by such fund, and the teacher should make 
her report for the whole time. 

271 



§§ 281, 282, 283 APPENDIX 

3. If a school teacher is engaged to teach a school in a district and 
is paid even in part from the public school fund, the school" is a public 
school, open to all children eligible to attend school in the district, and 
such a school must be controlled as any other public school is, even if 
supported in part by private subscription. 

$ 

§ 282 

Certificates — modern languages — music — drawing. 

1. Section 282 provides that, upon the demand of the parents or 
guardians of twenty or more children of school age, the board of such 
school district may procure efficient instructors in the German and Span- 
ish languages, or either. It also provides that, upon like demand, the 
board may procure like instructors to teach the branches required in the 
public schools in German or Spanish, or either. Section 338 provides 
that a certificate shall not be required of persons employed to teach 
music, drawing, or modem languages. From these provisions we infer 
that no teacher's certificate is required to teach music, drawing, or the 
German or Spanish languages only; but if the teacher is required to teach 
the common school branches in either German or Spanish, then a county 
teachers certificate must first be obtained. It would also logically fol- 
low that any person employed to teach any language other than English 
only should not be required to obtain a county teacher's certificate. 



German — when taught. 

2. The school board has no right to introduce German without a 
petition from the parents or guardians of twenty or more children of 
school age. 

3. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for 
the time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

§ 283 

Who entitled to school privileges. 

1. All persons between the ages of six and twenty-one are entitled 
to all the privileges of the public schools. 

2. Children six years of age are entitled to school privileges, and it 
is the duty of the board of directors to provide adequate accommoda- 
tions for them. 

3. A school board has the right to make a rule that children who 
become six years of age during the school year shall enter school only at 
certain times — say at the beginning of the fall, winter or spring term. 
It is not proper to admit a child who is under six years of age. 

272 



APPENDIX §§ 283, 285, 290 

4. In the case of a child under school age the parent would have no 
legal right to send such a child to school, no matter how well advanced 
or capable the child might be; and the board would have the right to 
exclude the child from school even though he obey the teacher and 
does the work well. 

Maintain organization. 

5. Six months of school in each school year are necessary in order 
for a district to hold its organization, and three months to entitle it to 
its share of the public funds. 

Directors' power. 

6. A school director cannot legally become a teacher in the dis- 
trict in which he holds that office. 

Term lengthened by private subscription. 

7. If the term of a public school be lengthened by private subscrip- 
tion, the time of such lengthening may be counted toward providing for 
the length of term required by law. 

Summer school. 

8. "While a school board, if they feel so disposed, have a right to 
establish a summer school, they have not the right to limit the attend- 
ance to certain pupils and others to pay their own tuition; but it would 
be legal to establish such a school for certain grades; and limit the at- 
tendance thereto. 

Building — where situated. 

9. School must be held in a building situated within the boundaries 
of the district. 

§ 285 

Who included in census. 

1. Deaf mutes and blind persons between the ages of six and 
twenty-one should be included in the school census. 

2. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

3. It would not be legal to enroll the persons of school age be- 
longing to the State Industrial School in Jefferson county upon the 
census lists of the school districts where the schools are located, pro- 
viding such persons have a residence elsewhere. 

§ 290 

Certificates from other states. 

1. State certificates issued by other states are not recognized by 
the law of Colorado. Persons who wish to teach in this state must hdld 

273 



§§ 297, 309 APPENDIX 

certificates issued upon examination by the proper district, county or 
state authority. 

I 297 

Grades how applied. 

1. The grades received on a teacher's high school certificate would 
not be credited on a state diploma. The applicant for a state diploma 
must hold at the commencement of the examination, an unexpired first 
grade certificate. The fact that it had been renewed would not invalidate 
it 

2. Grades received at a county examination could not be transferred 
to a state certificate. 

Experience required before taking state examination. 

3. The two years' teaching experience in Colorado, required before 
an applicant may take the examination for a state certificate, has been 
interpreted to mean two full years' work in a graded school or twenty- 
four months of teaching experience. 

Certificates from other states. 

4. State certificates issued by other states are not recognized by the 
law of Colorado. Persons who wish to teach in this state must hold cer- 
tificates issued upon examination by the proper district, county or state 
authority. 

§ 309 

Powers in regard to certificates. 

1. The state superintendent has no authority to grant a certificate 
to teach except when directed to do so by a vote of the state board of 
education, or in cases of appeal or upon state examination. 

2. Neither the state superintendent of public instruction nor t.h« 
state board of education have the power to compel a county superintend- 
ent to recognize examination papers prepared under the supervision of 
the county superintendent of another county, as this is a mere matter of 
comity. 

3. The state superintendent has no right to authorize the county 
superintendent to hold a special examination. Examinations for teach- 
ers' certificates cannot be held except at the times prescribed by law 
for public examinations. 

4. The state superintendent has no right to endorse certificates, as 
this is a matter which rests with the county superintendent. 

5. The state superintendent has no authority whatever to waive in 
any manner the requirement for the issuing a certificate to teach, nor 
to order a county superintendent to change the marking, unless the ap- 
plicant appeals from the decision of the county superintendent to the 
state board of education. 

274 



APPENDIX ' § 309 

6. The state superintendent has no authority whatever to waive in 
any manner the requirements of law for a license to teach, nor to grant 
a temporary certificate or permit, nor to authorize a county superintend- 
ent to grant such certificate or permit. 

7. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

8. The law makes no provision for the writing of a duplicate certi- 
ficate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained from the state superintendent by a 
county superintendent to write a duplicate certificate in case the holder 
of the original gives proof of its being lost or destroyed. 

9. The state superintendent has no authority to excuse a person 
from taking an examination. 



Take no part in organizing district. 

10. It is not within the province of the state superintendent to take 
any part whatever in the organization of a new school district; but, as 
a member of the state board of education, she may pass upon the legal- 
ity of such organization when an appeal is taken to the board from the 
decision of the county superintendent. 

11. The state superintendent has no power to establish a school in 
any locality. 



In regard to special elections. 

12. The state superintendent has no power to set aside a special 
meeting of the electors of a district, as this is a question to be decided 
by the courts. 

13. The state superintendent has no authority to call a special school 
election, since the law provides that it must be called either by the sec- 
retary of the board of directors or by two legal voters in the district, as 
specified in section 155. 



No power to compel county superintendent to turn over 
records and funds. 

14. If a county superintendent fails to turn over moneys received 
by him to the county treasurer as required by law, or fails to turn over 
to his successor the records of the office, such matters should be called 
to the attention of the county commissioners, and they may proceed in 
a civil action for the recovery of any moneys due the county and to com- 
pel the delivery of such records. The county superintendent is also 
liable upon his bond for the improper performance of his duty; but all 
these are matters over which the state superintendent has no jurisdic- 
tion. 

275 



§§ 312 r '317, 323, 324, 331 APPENDIX 

S 312 

Two apportionments. 

1. There are only two apportionments of the school fund by the 
state superintendent during the year — one in January and one in July. 
Other apportionments, if any, are made by the county superintendents. 

§ 317 

Separate district — entitled to funds. 

1. For the purpose of proportionment the State Normal School must 
be considered a separate district and is entitled to receive its share per 
capita of the state school funds. Any county in the state having pupils 
of school age in attendance at the State Normal School must be charged 
with the amount per capita as such county will be entitled to receive on 
account of such pupils and said amount must be credited to the State 
Normal School funds. (Attorney General's Reports 1893-4, page 173) 

8 323 

Normal school diploma. 

• 
a. A state normal school diploma licenses the holder to each in the 
public schools of this state until annulled by the state superintendent or 
suspended by a county superintendent. It is evidence of a vested con- 
tinuing right to teach in any public school in the state, and cannot be 
superseded or modified by any mandate or order of a school board.— 
Nash v. School Board, 49 C 555 

Registration of normal school diplonfa. 

1. The law requires that the state normal school diploma, held by 
one who is to teach in a certain county, shall be presented to the county 
superintendent for inspection and registration by him, and until this is 
done the teacher is not legally a teacher in the county, and therefore 
should not receive her salary until she has fully complied with the law. 

§ 324 

No fee for registration. 

1. No law authorizes a county superintendent to charge a fee for 
registering a certificate issued by the state normal school. 

§ 331 

Tax levey becomes lien — when. 

a. A tax levy for school purposes does not become a lien upon per- 
sonal property by virtue of the assessment merely, but only upon seizure, 
there being nothing in the statute upon the subject. — McKay v. Batch- 
elor, 2 C. 591 

Property located partly within district. 

b. Property located in a school district is alone subject to sale for 
taxes levied on the property of the district, and where a tract of land 
lies partly within and partly without the district, that part lying without 
cannot be sold for taxes. — Shaw v. Lockett, 14 C. A. 413 

276 



APPENDIX § 331 

Apportionment of two mill levy. 

1. The above section contemplates that the two mill tax therein 
provided shall be apportioned among the school districts per capita. 
The ?40 per month therein provided is established as a basis in estimat- 
ing the teachers' salaries. 

Duties of county commissioners in regard to levy. 

2. It is the duty of the board of county commissioners to levy a 
iate above two mills as may be necessary to produce the amount needed 
per capita to enable each school district in the county to maintain a 
public school six months in each year, as required by law, and as shown 
by the county superintendent's certificate provided for in the same sec- 
tion, and the board of commissioners can be compelled to do this by man- 
damus if necessary. 

3. The county commissioners have no right whatever to make a 
general levy of one mill only, since the law plainly states that the mini- 
mum rate is two mills, which must be increased by the commissioners 
to whatever shall be required for the purpose as specified to them by 
the county superintendent of schools. 

Commissioners — no authority to change levies — when certified. 

4. The county commissioners have no authority whatever to change 
levies for special school tax when certified to by the directors of a dis- 
trict. The levies as certified by the school directors must remain, 
whatever the action of the commissioners may be as regards valuation. 

No annual meeting — county commissioners make levy. 

5. In case a school district has not held its annual meeting to elect 
officers and vote a tax, it becomes the duty of the county superintendent 
to appoint to the vacant positions, and the duty of the county commis- 
sioners to levy the tax for the district. 

New levy on consolidation — when. 

6. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new levy 
must be determined on for the new district. 

Special tax — when voted. 

7. It would be legal to vote a special tax at an annual meeting by 
giving the legal notice. 

8. A majority vote to decide a special tax levy for erecting a school 
building means a majority of the qualified electors when assembled at 
8 regular or special meeting. 

277 



§ 336 APPENDIX 

Certification by county superintendent binds board of 
county commissioners. 

9. The county superintendent has the right to certify to the commis- 
sioners the necessary amount of levy and had that been done, the com- 
missioners would have had no power other than to make the levy as 
certified by the county superintendent. This right of the superintendent 
has been tested in the courts, having been carried from courts of lower 
jurisdiction to the highest court in the state by the superintendent of 
Arapahoe county who received a decision that forever guaranteed the 
right of the county superintendent to certify to the county commissioners 
the mill levy required by the laws, leaving the commissioners no option 
but to obey. 

Cattle in district. 

10. It is lawful to collect special school taxes on range stock in dis- 
tricts where they are located. The treasurer can hold funds received in 
payment of taxes other than special school tax and levy for the school 
tax. (Attorney General's Reports 1893-4, page 257) 

Alteration by assessor — liability. 

11. In case an assessor should alter a levy certified by a district 
school board be is liable civilly and criminally. (Attorney General's Re- 
ports 1893-4, page 362) 

Minimum levy must be made. 

12. A board of county commissioners is compelled to make an an- 
nual minimum levy upon all the taxable property of the county, to create 
a fund for apportionment among the several school districts of the 
county, according to school population. The minimum amount or rate 
of such levy by the board of county commissioners is fixed by this sec- 
tion at two mills. No levy can be made under this amount. (Attorney 
General's Reports 1915-16, page 644) 

§ 336 

Mandamus county commissioners when. 

a. Where at a special meeting of the district a resolution is regu- 
larly adopted instructing the president and secretary of the board to cer- 
tify to the county commissioners the levy necessary for a special fund, 
and such action is duly certified, there is a sufficient compliance with 
the statute to authorize a proceeding by mandamus to compel the com- 
missioners to levy the tax, and on petition for that purpose by the peo- 
ple, at the relation of the district, the supreme court has original juris- 
diction. — People ex rel v. County Comrs., 12 C. 89 

Electors levy special tax. 

b. The power to levy a special fax in a school district of the third 
class is by statute vested in the electors thereof, and cannot be exer- 
cised by the board of directors. — County Comrs. v. R. R. Co., 3 C. A. 398 

278 



APPENDIX § 336 

Property located partly within district. 

c. Property located in a school district is alone subject to sale for 
taxes levied on the property of the district, and where a tract of land 
lies partly within and partly without the district, that part lying without 
cannot be sold for taxes. — Shaw v. Lockett, 14 C. A. 413 

Certify special twenty mill limit. 

1. A district board of the third class can legally certify a special 
tax to the board of county commissioners without a vote of the electors 
the law does not contemplate the location .of the library anywhere but in 
connection with the school. 

2. If the directors fail to certify the amount of the special tax levy 
the county commissioners may make a levy sufficient to maintain a four 
months' school, the tax in no case to exceed 20 mills. 

3. The 20 mill limit of special taxation applies only to third class 
districts. 

4. In case an assessor should alter a levy certified by a district 
school board, he is liable civilly and criminally. 

Levy for libraries. 

5. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

6. Funds raised in accordance with the provisions of this section 
of the school law must be used solely for the purchase of books for a 
library which shall be entirely under the control of the school board; 
and while the section states that the library shall be open to the public, 
the law does not contemplate the location of the library anywhere but in 
connection with the school. 

Special levy in first and second class districts. 

7. There is no limit to the special levy in first and second class 
districts. 

Special taxes collected on range stock — when, 

8. It is lawful to collect special school taxes on range stock in dis- 
tricts where they are located. 

Cannot change school tax of resident. 

9. The law gives no authority to change the school tax of a resi- 
dent of one district to another district. 

New levy upon consolidation. 

10. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new 
levy must be determined on for the new district. 

279 



§3 337, 338 APPENDIX 

When warrants drawn. 

11. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

§ 337 

Levy cannot be changed. 

1. The board of county commissioners has no authority to change 
a special tax levy certified by the board of directors. 

2. A district board cannot raise a tax levy decided upon by the 
electors of the school district after it has been certified to the county 
clerk. The board of commissioners cannot raise this levy if the require- 
ments of the law have been complied with so far as the amount is con- 
cerned. 

3. The directors cannot change a levy made by the electors of a 
district, even though it may be insufficient to carry on the regular term 
of school in the district. 

4. When a levy has been made by electors, it is not in the power 
of the school board to raise the levy made after the same has been cer- 
tified to the county commissioners. This applies to a third class district. 
If it is a second class district, the right to make the levy rests entirely 
with the school board. 

5. Wihile the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

6. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new 
levy must be determined on for the new district. 

7. There is no provision whereby the levy can be changed that has 
been certified to by the former county superintendent and ordered by the 
commissioners. 

§ 338 

Teacher discharged need not appeal. 

a. A public school teacher engaged for a specific term, who is dis- 
charged without cause, need not rely upon the statutory right of appeal 
from the decision of the board, but may bring action to recover in the 
courts; and the rule in the teachers' hand-book, that the tenure of office 
of all teachers, regardless of contract, shall be at the pleasure of the 
board, is no defense to such action. — School District v. Hale, 15 C. 367 



280 



APPENDIX § 338 

Teacher discharged for cause only. 

b. A teacher cannot be dismissed from the public schools without 
due notice and upon good cause shown, and when an action is brought 
to recover damages therefor the board can only justify by showing proper 
cause for dismissal in accordance with the statute. — School District v. 
McComb, 18 C. 240 

Revoking certificate after discharging. 

c. A school hoard of a first class district after discharging a teach- 
er, has no authority to revoke a certificate theretofore issued to him 
so as to prevent his recovery for the unexpired term. — School District v. 
Shuck, 49 C. 526 

Teacher discharged only upon hearing. 

d. Under the law prohibiting that a teacher can be discharged only 
on good cause shown, there must be a specific accusation, notice and 
evidence placed before the board in its official capacity, and a hearing 
given the teacher to refute the charge; and where some of the members 
of the board, in an unofficial capacity only, inquired around and found 
some basis for neignborhood rumors of immorality, and upon such evi- 
dence the board gave the teacher leave of absence with instructions to 
clear up the matter, and discharged him upon failure so to do, is not a 
•compliance with the statute, and such' discharge is illegal. — School v. 
Shuck, 49 C. 526 

Normal school diploma. 

e. A state normal school uiploma licenses the holder to teach in 
the public schools of this state until annulled by the state superintend- 
ent or suspended by a county superintendent. It is evidence of a vested 
continuing right to teach in any public school in the state, and cannot 
be superseded or modified by any mandate or order of a school board. — 
Nash v. School Board, 49 C. 555 

Appointment and acceptance create contract. 

f. A resolution of the directors appointing plaintiff a teacher for 
the ensuing school year, and an acceptance of the appointment, create a 
contract; and the requirement in the resolution that teachers must, after 
{• designated date, hold a first grade certificate is not a limitation, but 
simply renders the employment subject to termination after such date, if 
not complied with. — Nash v. School Board, 49 C. 555 

Teacher employed without license, how. 

g. Although the law prohibits a school board from employing a 
teacher having no license to teach at the date of such employment, and 
further provides that a teacher who shall commence teaching without 
such license shall forfeit all claim to compensation, yet a school board 

281 



§ 338 APPENDIX 

may engage a teacher to begin teaching at a future date conditioned 
upon her obtaining such license prior to the beginning of the school. 
When such license is obtained and the school commenced, the engage- 
ment ripens into a valid contract. — Hotz v. School Dist., 1 C. A. 40. 

Certificate obtained after commencement of school. 

h. A teacher who, at the time of her employment, has a first grade 
certificate in full force in another county, upon which her county super- 
intendent agrees to issue a certificate of like grade, but does not do so 
until after the commencement of her school, is entitled, at least, to com- 
pensation from the date of such like grade certificate if she proceeds 
with the school.— School Dist. v. Ross, 4 C. A. 493 

Injunction not lie to prevent discharge of teacher. 

i. Since school boards have power to summarily dismiss teachers 
for cause, injunction will not lie to restrain them from so doing, for, if 
v rongfully dismissed, the teacher's remedy is an action for damages. — 
School Dist. v. Carson, 9 C. A. 6 

Certificate not collaterally attacked except. 

j. In an action by a teacher for wages under a contract, his certifi- 
cate from a county superintendent cannot be collaterally attacked except 
for fraud.— School Dist. v. Stone, 14 C. A. 211. 

Ratification of contract. 

k. Where a school board enters into a contract with a teacher, and 
for ten weeks accepts her services and pays her wages, such action 
constitutes a ratification of the contract, and the board is estopped from 
asserting its invalidity. — School Dist. v. Stone, 14 C. A. 211 

Contract not made at formal meeting. 

I. Under the law authorizing a school board to employ teachers it 
is not absolutely necessary that the contract be made at a formal meet- 
ing. A contract agreed to by all members of the board, and executed 
and signed by a majority of the board, is binding, although not done at 
a regularly convened meeting. — School Dist. v. Stone, 14 C. A. 211 

County superintendents sue in official capacity. 

m. County superintendents have the right to sue in their official 
capacity, and may maintain such actions as are necessary to the ful- 
fillment of the duties of their offices, and to this end may bring an action 
to restrain a board of directors from employing a teacher without a cer^ 
tiflcate— Catlin v. Christie, 15 C. A. 291 

Master and Servant. 

n. A school teacher wrongfully discharged, and securing employ- 
ment in a different locality, is entitled to an allowance for expenses 

282 



APPENDIX § 338 

reasonably incurred in seeking new employment and for an increase 
in his expenses, occasioned by the removal of the new locality, and may 
show such increase in his expenses, without pleading it. But the ex- 
pense of removing the teacher's, family to the new locality can not be 
considered unless specially pleaded. — School District No. 3 in Clear Creek 
County v. Nash, 27 C. A. 551 

Contract — resolution of school board construed as. 

o. The vote of a school board to employ a teacher named is not an 
employment, if the circumstances show no intention to contract. 

Plaintiff and another were applicants for the position of principal to 
defendant's high school. Plaintiff received the votes of three out of the 
five members of the board, and the secretary was directed to notify him 
that he had been appointed. Previous to this meeting of the board, 
plaintiff had conversed with one of the members, and in this conversation 
it was understood that the salary was twelve hundred dollars, and it 
appeared that the salary had been fixed at that sum and paid for the 
two previous years. Held, sufficient to warrant a finding that plaintiff 
was employed at the salary mentioned. — Ryan v. Mineral County High 
School District, 27 C. A. 63 

Unlawful Discharge. 

p. One employed as the principal of a high school is unlawfully dis- 
charged before the term of his services has commenced; but he is of- 
fered employment as superintendent of a grade school, at the same place, 
for the same time, and the same salary, on condition that he shall waive 
his claim for damages under the former employment. It is his duty to 
accept the employment so offered, and having rejected it, and brought an 
action for the unlawful discharge, he is entitled to only nominal damages. 
The character and grade of employment being substantially the same, 
the fact that one was a step above the other is not sufficient to warrant 
the rejection of employment in the lower grade. But if the employ- 
ment offered him, in the second place, had been uncertain as to salary 
or time of employment, or if he had been offered a less Salary, he would 
have been under no duty to accept it upon the specified condition. — 
Ryan v. Mineral County High School District, 27 C. A. 63 

Employment of an unlicensed person as a teacher. 

q. A contract by a school board employing as a teacher one who has 
no license to teach is absolutely void. — Sedgwick County v. Johnson, 26 
Colo. App. 433, followed 27 C. A. 300 

Employment of Disqualified Person. 

r. Under Rev. Stat., Sec. 5990, the contract of a school district to em- 
ploy as a teacher a person having no license to teach, is absolutely void. 
It binds neither party and requires no revocation. The mere fact that 
the person employed secured a license before the term appointed for her 

283 



§ 338 APPENDIX 

labors to begin, makes no change in the rule. That the school board 
neglected to notify the teacher that her employment had been revoked, 
until the day before the term of her employment was to begin, held im- 
material. — School District v. Johnson, 26 C. A. 433 

Certificates — modern languages — music — drawing. 

1. Section 282 provides that, upon the demand of the parents or 
guardians of twenty or more children of school age, the board of such 
school district may procure efficient instructors in the German and 
Spanish languages, or either. It also provides that, upon like demand, 
the board may procure like instructors to teach the branches required in 
the public schools in German or Spanish, or either. Section 338 provides 
that a certificate shall not be required of persons employed to teach 
music, drawing, or modern languages. From these provisions we infer 
that no teacher's certificate is required to teach music, drawing, or the 
German or Spanish languages only; but if the teacher is required to teach 
the common school branches in either German or Spanish, then a county 
teachers' certificate must first be obtained. It would also logically follow 
that any person employed to teach any language, other than English 
orly, should not be required to obtain a county teachers' certificate. 

2. A person cannot be legally employed to teach in the public schools 
for any length of time, however short, unless such person has a certifi- 
cate to teach, issued by the proper authorities. 

3. An unlicensed person cannot legally be employed as substitute 
teacher in the public schools of this state. 

4. It is held that a teacher may continue school until notice is given 
of the failure to obtain a certificate. 

5. It is illegal to employ a person to teach a public school who has 
no certificate, as no legal contract can be made between the school board 
and such a person; and the fact that no salary is drawn would not make 
the transaction legal. 

6. In a district of the first class the school board would have the 
power to employ, a city superintendent, who holds satisfactory evidence 
of adequate training for the work he is to do, without requiring an ex- 
amination; but in the second class district the superintendent would be 
required to take the examination if he instructs in any of the branches 
other than music, drawing and modern languages. 

Teachers' contracts generally. 

7. Two members of the school board in districts of the second and 
third classes can make a legal contract without the consent of the third 
member; providing such contract is made at a regular meeting, or at a 
special meeting legally called, and of which all the directors had legal 
notice. 

8. Wthen a teacher begins work without having entered into a defi- 
nite verbal or written contract with the school board which employs her, 

284 



APPENDIX § 338 

she has a right to leave the school at any time, and the school board 
has the right to discharge her at the end of the first month's work, and 
also to employ another teacher. 

9. A school board can hold a teacher to a contract for the time there- 
in agreed. 

10. In case of two members of the board at a legally held meet- 
ing of the board voting a certain sum as the teacher's salary, written 
notice of such action being sent to the teacher, the notice is binding upon 
the board and equal to a contract. 

11. If>a school board makes a legal contract, either verbal or in 
writing, with a teacher, providing for his re-election and specifying the 
salary he is to receive, the board could not at a later meeting change 
its action without cause. 

12. An oral contract made between a teacher and a school board is 
as binding as a written one if each party can prove its terms of the 
contract. . 

13. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time. 

14. The board of directors, has exclusive jurisdiction in the employ- 
ing and discharging of teachers. 

15. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

16. If a teacher is not competent to conduct a school, the school 
board is not bound by the contract. 

17. When a contract is reduced to writing, it is supposed to ex- 
press the intention of the parties, and when such intention is. clear, it 
cannot be changed by oral evidence. 

18. The directors of a district have no legal right to make a con- 
tract with a teacher to pay wages in excess of the revenues for the year. 

19. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of term and salary, such notification would stand in law as a contract 
should the teacher accept. 

20. A verbal promise given to a teacher by members of a school 
board at other than a regularly called meeting is not in any way binding 
upon the board; and the members have a legal right to engage some other 
person when a regular meeting of the board is held. 

21. When a teacher enters into a contract with a board of directors 
to teach a certain number of months it is understood that customary 
vacations may intervene, even though not specified in the contract; and 
the teacher is not entitled to compensation for said vacations he being 
required to teach the full number of months specified in the contract, 
excluding such vacations; this however does not include legal holidays 
coming within the school week for which the teacher is entitled to pay 
unless otherwise expressly stated in the contract. 



285 



§ 338 APPENDIX 

No compensation without license. 

22. It would be illegal for a school board to pay the teacher, unless 
she was provided with a certificate issued in the county, or with certifi- 
cate recognized in some way by the county superintendent. 

23. Any elector of the district or the county superintendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
license. 

24. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this or any other state, if the certificate be net in full 
force at the date of such endorsement. Should the board employ a teach- 
er without a license to teach, all claim to compensation on the school 
fund for the term will be forfeited. 

25. It would be illegal for the school board to pay the teachers 
unless they are provided with certificates issued in the county or with 
certificates recognized in some way by the county superintendent. Any 
elector of the district or the county superintendent can, through legal 
process, prevent the board from paying out money as wages to teachers 
without the necessary certificates. 

Salary. 

26. The only way by which a teacher's salary can be legally in- 
creased, during the term for which she is employed, would be at a regu- 
lar or special meeting of the school board. 

27. A teacher's only recourse against a school board that refuses 
to issue a warrant for salary is through the courts. 

28. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher ab- 
sents himself a day or more from his work, he himself being responsible 
for the loss of time, he must make good the loss of time or forfeit his 
pay. 

29. A school board cannot compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con- 
tagious disease; Provided, the teacher holds himself in readiness to 
teach, subject to the order of the board. 

30. A teacher can draw her wages during the time that a school is 
closed on account of an epidemic. 

31. A teacher is not entitled to receive pay for the time lost while 
attending a teacher's examination. 

32. If the directors authorize the use of the school house for elec- 
tion purposes, the teacher is entitled to pay for time thereby lost. 

33. If a teacher is ready to begin school at the time specified in his 
engagement, and owing to neglect of duty on the part of the school board, 
cannot do so, he is not compelled to make up the time thus lost, but is 
entitled to his salary from the time specified in such engagement. 

34. If, with the consent of the directors a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay 
for the full month. 

286 



APPENDIX § 338 

35. There is no law authorizing a teacher to draw his salary for 
two weeks spent in attending the normal institute. 

36. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occurring during the school term. 

37. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill 
his part of the contract, the board is liable for the teacher's salary for 
the full term agreed upon. 

38. A teacher may collect salary to the amount of actual damage 
suffered by the failure of the board of directors to fulfill its part of the 
contract. 

39. A teacher may collect salary for the number of months speci- 
fied in the contract entered into with the board of directors of the school 
district where he teaches; Provided, The directors have not contracted 
with the teacher to pay wages in excess of the revenues for the year. 

40. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time, al- 
though the school should lapse by reason of the residents leaving the dis- 
trict; Provided, The teacher has fulfilled her part of the contract and 
expresses her willingness to complete the requirements of her agree- 
ment. 

41. To be entitled to his salary for the day, the teacher should re- 
main in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

42. A teacher having agreed upon a stipulated salary can receive 
the same only by warrants drawn by the district secretary, and must 
take them for what they are worth. It would not be proper for the 
board to make up any discount therein by an additional warrant. The 
board might however increase the salary at a regular meeting so as to 
cover such deficiency. 

43. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

44. Where a county superintendent calls a county institute or 
teachers' association, he has not the right to rule that the district must 
pay the teacher the same, as if she had taught school, although the school 
board has the right to allow the teacher such time and pay her for it 
upon the request of the county superintendent. The authority in the 
matter rests with the district board. 

45. The law makes no provision concerning a secretary sending a 
teacher her warrant, but it would be advisable for the members of the 
board to sign these warrants at their meeting and send the same to the 
teacher. 

Employment. 

46. Since the law gives the board the right to employ and discharge 
teachers and to fix and order their wages, the electors of the district 

287 



§ 338 APPENDIX 

could have no voice in the matter, and while the patrons ot the school 
would have a right to circulate a petition requesting the board to en- 
gage a certain teacher, the board would have the right to ignore the 
petition if they desired to do so. 

47. A school board has the absolute right to engage the teacher, 
or teachers, for the school district. The fact that a majority of the 
taxpayers sign a petition making a protest against the selection made by 
the board cannot in any way affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

48. One member of a school board cannot legally employ a teacher 
except when ordered to do so by board or at a regular or special meeting. 

49. If a misunderstanding occurs as to the employment of a teacher 
and two of the board refuse to enter into a contract with the teacher 
who was chosen by the other member, the teacher could not legally claim 
her appointment. 

50. In case a summer school is to begin in a district, either before 
or on the day upon which the annual election is held, it would be legal 
for a board to engage a teacher for such a school. 

Special subjects required. 

51. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

52. It is the duty of the teacher to teach whatever branches may be 
specified by the school board, since that body is given the right to es- 
tablish a course of study for the school of its district. If the teacher has 
failed to teach the branches requested by the board, it would probably 
not be sufficient reason for the board's refusing to sign the warrant for 
her services as teacher for the time she has been employed in the school, 
yet it is possible that it might be held as sufficient grounds for tne dis- 
missal of said teacher. 

53. If a teacher has been employed to teach a certain department 
of a school, the school board would not have the right to close another 
department and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

54. A teacher cannot be required to teach instrumental music in a 
school, as the branch is not one included in the requirements of a com- 
mon school course. 

Dismissal. 

55. A school board may dismiss a teacher for incompetency or 
immorality. A county superintendent may revoke a certificate of any 
kind at any time for immorality, incompetency or any just cause. 

56. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in 

288 



APPENDIX § 338 

the court a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., 
are the reasons that have been held sufficient 

57. A teacher cannot be legally dismissed before the expiration of 
the time for which she is engaged "without good cause shown," and if 
so dismissed she can collect full salary; Provided, She holds herself in 
readiness to fulfill her part of the contract. 

58. Two members of a school board have the right to dismiss a 
teacher for cause, providing their action is taken at a regular or special 
meeting of which all members of the board have notice. 

59. A teacher cannot be legally dismissed before the expiration of 
the time for which he is engaged, without good cause shown, unless 
there is a clause in the contract making provision for such contingency. 

60. The school board has in its power to dismiss a teacher for in- 
competency or immorality. But "no teacher shall be dismissed without 
good cause shown, and such teacher shall be entitled to receive pay for 
services rendered." In order to make good charges of immorality spe- 
cific acts must be declared and supported by affidavits of witnesses. The 
possession of a proper certificate of qualification is prima facie evidence 
of competency and fitness. The law provides that a county superintend- 
ent "may revoke certificate of any grade at any time for immorality, in- 
competency or any other just cause." If satisfied that the charges can 
be sustained by proof, the proper course for the board is to bring the 
matter to the attention of the county superintendent, with a request that 
he make use of the power granted him by the law. 

61. A certificate to teach cannot be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Al- 
leged exorbitant wages named in a contract between him and the di- 
rectors of a district would not be lawful reason for revoking a certificate, 
unless fraud of some kind could be shown. 

62. If a teacher employed in the schools is incompetent to give in- 
struction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

Expiration of certificate. 

63. A teacher cannot legally teach two months after her certificate 
has expired. In case of the employment of a teacher under such condi- 
tions, any elector could make legal objection to her receiving payment 
from the school funds, and a school board responsible for the payment 
of her wages under such conditions would be liable for the amount of 
the wages. 

64. It is not legal for a school board to engage a teacher who has 
no certificate, or whose certificate has expired, permitting her to open a 
school, except under the provisions of the law permitting a teacher to 
teach one month after the expiration of her certificate. 

65. Permission to teach one month after the expiration of certifi- 
cates is for the purpose of providing against closing the school in case 

289 



§ 338 % APPENDIX 

of the failure of the teacher to obtain certificate at the last county ex- 
amination. 

Authority over pupils. 

66. Respecting the jurisdiction of teachers over pupils on their way 
to and from school, it has been recognized that the authority over pupils 
is joint and equal with that of the parent. However, authority over 
pupils when not on the school premises should be confined to protecting 
and promoting the welfare of the school. The teacher should seek the 
co-operation of the parent, if possible, in the government of a child to 
and from school, for the sake of avoiding unnecessary friction. 

Pupils — admittance to grade. 

67. A school board has the right to make the regulations concerning 
the admittance of pupils to a certain grade of the school when the fall 
term commences, said pupils having failed to pass the examination given 
in the spring, and also to authorize the principal to make such rules and 
regulations and to enforce them as if made by the board as a body. 

Janitor work not required of teacher. 

68. A teacher is not required to do janitor work in this state unless 
the contract into which he has entered with the district board distinctly 
states that such be the case. 

Married women may teach. 

69. While the law does not state that married women living with 
their husbands shall be allowed to teach, there is no law prohibiting any 
person eighteen years of age, who can obtain a certificate, from teach- 
ing, save when a member of the school board. 

Relatives of directors may teach. 

70. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. 

71. The fact that a parent is a director upon the school board would 
not prevent a daughter who has a legally issued certificate from being 
eligible to a position as teacher in the district. 

Husband and wife teach in same school. 

72. The laws of Colorado do not in any way prohibit a husband and 
wife from teaching in the same school. 

Salary of teachers — warrants. 

73. A teacher having agreed upon the stipulated salary can receive 
the same only by warrants drawn by the district secretary and must 

290 



APPENDIX § 339 

take them for what they are worth. It would not be proper for the board 
to make up any discount thereon by an additional warrant. The board 
might, however, increase the salary at a regular meeting so as to cover 
such deficiency. 

Teaching without certificate — duty of county superintendent. 

74. If any school board is permitting a teacher to instruct in high 
school branches without a certificate it becames the duty of the county 
superintendent to notify the school board that it is breaking the law, and 
that anyone so teaching cannot collect his salary for the time spent in 
teaching without a license. 

§ 339 

Register and statistics — teacher must keep — failure — salary. 

1. Under this section a school teacher Is required to keep a daily 
register as directed by the superintendent of public instruction and to 
make certain statistics and where a teacher failed or refuses to furnish 
the data required by this section, the county treasurer may properly re- 
fuse to pay his warrant — the duty of the county treasurer being to pay 
legally drawn warrants and since it is the duty of every teacher as a 
part of the performance of his contract to furnish the data and statistics 
required, his failure to do so is a breach of contract which justifies a 
refusal to pay a warrant drawn in his behalf. (Attorney General's Re- 
ports 1911-12, page 174) 

Forfeiture of salary upon failure to make report. 

2. Teachers should submit records of statistics or summaries as 
required, and unless they are duly filed, they cannot draw the last month's 
salary. 

3. No part of the last month's salary of a teacher should be paid 
until the reports required by law are made and filed according to speci- 
fications. 

4. In a district where there are two schools, the district teachers 
should send in separate reports to the county superintendent and secre- 
tary. 

5. It is the duty of every teacher to keep a daily register and at the 
close of each term of school fill the summary in such register, and, In un- 
graded schools file the register with the secretary of the district, who 
shall preserve the same. 

Jurisdiction of teacher. 

6. A teacher has power to temporarily suspend a pupil, at least 
long enough to notify the board of the causes, and ask that such pupil 
be suspended, and the board would be justified in acting on such recom- 
mendation although the teacher would have no power himself to make 
such suspension. 

7. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, It Is within the 

291 



§ 339 APPENDIX 

power of the teacher to make such reasonable rules and regulations, and 
to enforce them, in the same manner, subject always to the supervision 
of the board of directors. 

8. A teacher has a right to compel the pupils in the respective 
grades to take all the studies prescribed for that grade, unless rules of 
the school board are in existence which would excuse a pupil for valid 
reasons. 

9. It is the teacher's right to establish any regulations for the dis- 
cipline of the school that are not in conflict with the already established 
rules of the school board. 

10. When a pupil leaves school, taking his books with him, it being 
understood that he has permanently left the school, his name should be 
immediately dropped, instead of being counted as a member for three 
days after his departure. 

11. The teacher of a public school has control to a reasonable ex- 
tent of a child during school hours and while on the school grounds. A 
child would not have the right to leave the school grounds after he has 
reached the school in the morning or to leave the grounds at noon if he 
did not go to his home at noon, but remained in the school house. 

12. Respecting the jurisdiction of teachers over pupils on their way 
to and from school, it may be stated that the legal decisions in the ma- 
jority of states recognize the authority of the teacher as concurrent — 
that is, joint and equal — with that of the parents. In some states, de- 
cisions have been made which give the school authorities some control 
over pupils and their conduct after they have reached home from school. 
However, authority over pupils when not on the school premises should 
be confined to protecting and promoting the welfare of the school. Such 
acts only as directly affect harmfully the discipline and teaching of the 
school should be taken cognizance of. For example, truancy, wilful 
tardiness, quarreling with other children, the use of indecent and pro- 
fane language, etc. The teacher should seek the co-operation of the 
parent, if possible, in such matters, for the sake of avoiding unnecessary 
friction. , 

Duties. 

13. It is the duty of the teacher to teach high school studies when 
such studies are prescribed by the board of directors as a part of the 
course of study at the time of entering into the contract. 

14. The teacher has a right to her hour's intermission at noon, pro- 
viding she teaches the requisite six hours through the day. She is re- 
quired to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

Special teacher. 

15. The law makes no provision whereby the board of directors of 
a district can appropriate school money to pay a special teacher for the 
pupils of said district who are unable to attend the regular school. 

292 



APPENDIX § 340 

Directors' power over teacher and pupils. 

16. Under the constitution and laws of this state the board of di- 
rectors of any district have power to establish reasonable rules and regu- 
lation for the government of the schools under their charge, for con- 
trolling the conduct of teachers and pupils, not only while in the school 
room, but while going to and from the school, and such reasonable rules 
and regulations may be enforced by suspension, expulsion or corporal 
punishment, as the board of directors may determine. 

Dismissal. 

17. In order to make good charges of immorality or incompetency, 
specific acts must be declared and supported by affidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county super- 
intendent, with the request that he use the power granted him by law. 

i 
Physician's certificate not required. 

18. There is no law requiring a teacher to have a physician's certifi- 
cate of good health. This matter is governed by the board of directors. 



Unaccepted papers from another county. 

19. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county, as this is a mere matter 
of comity and is not sanctioned by law. 

§ 340 

No state aid unless maximum levy made. 

1. No aid from the state can be received by any county whose com- 
missioners fail to make the maximum levy for school purposes allowed 
by law. 

No money in general fund — duty of county superintendent. 

2. This act does not create a special fund for this purpose equal 
to one-third of the general fund. The one-third is simply a limitation as 
tc what portion of the general fund remaining can be used for this pur- 
pose. If there are no moneys available in the general fund for a district, 
then the county superintendent should certify this fact to the state su- 
perintendent of public instruction and proceed according to section 3 of 
the act to obtain the necessary funds from the state. 

I 

293 



§ 347 APPENDIX 

§ 347 

Directors determine use of Bible in school. 

1. Neither the constitution of the state nor the statutes touch di- 
rectly the reading of the Bible or prayer or any other form of religious 
or devotional exercises, except to forbid that observance or participation 
shall be compulsory. The spirit of the constitution permits religious ex- 
ercises in school if nothing sectarian is introduced and the trustees do 
not object. The laws of the different states bearing on this point differ. 
In Iowa "neither the electors, the board of directors nor the sub-direc- 
tors can exclude the Bible from any school in the state." In Missouri, 
on the other hand, "directors may compel the reading of the Bible." In 
Dakota "the Bible may be read in school not to exceed ten minutes 
daily, without sectarian comment." The Cincinnati board of education 
forbade the reading of the Bible in the public schools of that city. In 
1873 the supreme court of Ohio reversed this judgment, and sustained the 
board, saying "that the management of the public schools, being under 
the exclusive control of directors, trustees and boards of education, it 
rested with them solely to determine what instruction should be given 
and what books should be read therein." 

2. The law of Colorado does not specify concerning the reading of 
the Bible in the public schools, the school boards of the state having 
the right to specify as to what shall be the practice in the matter. 



294 



APPENDIX— FORMS 



Fo 



rms 

FOR THE USE OF SCHOOL OFFICERS AND TEACHERS 



No. 1. Oath of School Officers. 
(See §§ 83, 93 and 111.) 



STATE OF COLORADO, 



COUNTY OF. 



I, , do solemnly swear (or affirm) . 

that I will faithfully perform the duties of of school 

district No , in the county of to the 

best of my ability; that I will carefully keep and preserve all records, 
books and other property of the said district that may come into my 
hands, and deliver the same to my lawful successor in office; and that 
I will support the constitution of the United States and of the state of 
Colorado, so help me God. 

(Seal) 

Subscribed and sworn to before me this day of 

,19 

Note. The foregoing oath should be taken before a county superin- 
tendent, notary public, justice of the peace, or some officer duly author- 
ized by law to administer oaths. The county superintendent's oath 
should be filed with the county clerk within thirty days after his election, 
and the oath of district officers should be filed with the county superin- 
tendent within thirty days after their election. 

No. 2. Oath of Judges of Election. 

I, do solemnly swear (or affirm) that I 

will perform the duties of judge of election according to law and to the 
best of my ability; that I will studiously endeavor to prevent fraud, de- 
ceit and abuse in conducting same; that I will not try to ascertain how 
any electors shall vote, and if in the discharge of my duties such knowl- 
edge comes to me, I will not disclose the same unless required to do so 
in some court of justice, so help me God. 

Subscribed and sworn to before me this day of 

A. D 



Judge. 
297 



APPENDIX— FORMS 



No. 3. Oath of Witness on Appeal to County Superintendent. 

You do solemnly swear (or affirm) that in the matter of the appeal 

of from the decision or order of the board of 

directors of school district No , of 

county, Colorado, now being heard by the county superintendent of 
schools of said county, you will tell the truth, the whole truth, and noth- 
ing but the truth, so help you God. 

Note. Section 10 provides that this oath may be administered by 
county superintendent if necessary. 



No. 4. Oath of Witness on Appeal Before State Board of Education. 

You do solemnly swear (or affirm) that in the matter of the appeal 
of from the decision of the county superintend- 
ent of schools of county, Colorado, now being heard 

before the state board of education of said state, you will tell the truth, 
the whole truth, and nothing but the truth, so help you God. 

Note. Section 9 provides the state board of education shall have 
power to administer oaths through its president. 



298 



APPENDIX— FORMS 



No. 5. County Superintendent's Bond. 
(See § 83.) 

KNOW ALL MEN BY THESE PRESENTS, That we 

and of the county of 

and state of Colorado, are held and firmly bound unto the people of the 

state of Colorado, in the full and just sum of dollars, 

lawful money of the United States, to which payment, well and truly 
to be made, we bind ourselves jointly and severally, our joint and sev- 
eral heirs, executors and administrators, firmly by these presents. 

In Witness Whereof, We have hereunto set our hands and seals this 
day of , A. D. 19 

The condition of the foregoing obligation is such, That, whereas, 

the above bounden was, on the 

day of , A. D. 19 , duly elected (or appointed, if that be 

the case) county superintendent of schools of the county aforesaid, for 
the term of two years; 

Now, Therefore, if the said shall faith- 
fully perform all the duties of said office, according to the laws which 
now are, or may hereafter be in force, and shall render a just and true 
account of all money or other property which may come into his hands 
cr under his control as superintendent of the schools of said county, and 
shall deliver over to his successor in office all moneys, books, papers and 
property in his hands as such county superintendent, then this obligation 
shall be void; otherwise it shall remain in full force. 



[Seal] 
[Seal] 
[Seal] 



Signed, sealed and delivered in the presence of 



Note. The penal sum named in the bond is to be fixed by the board 
of county commissioners, but in no case shall the sum be less than $2,000. 



299 



APPENDIX— FORMS 



No. 6. Petition of Parents and Guardians Who Desire to Form a 
District from Parts of One or More Old Ones. 
(See § 131.) 



New 



To. 



County Superintendent of Schools of 
Colorado. 



County, 



We, the undersigned, residents of district (or districts) No , 

respectfully represent that we desire to form a new district, with boun- 
daries as follows, viz.: [Here describe the proposed bounds, following 
government lines as far as practicable.] We further declare that, col- 
lectively, we are the parents or guardians of at least ten children of 
school age, and we hereby certify that the list of names of persons of 
school age which is attached to and made a part of this petition, is a 
correct list of all such persons residing in the proposed district. 



Name. 



Name. 



Names of persons of school age. 



Note. Give postoffice address of signers. The list of children should 
be carefully filled up by some person interested in the change before the 
paper is circulated for signatures. 



300 



APPENDIX— FORMS 



No. 7. Order Directing a Petitioner to Give Notice of Meeting to Form 

New District. 

(See § 131.) 

Office of 

County Superintendent of Schools, 

County, Colorado. 



To. 



You are hereby notified that I have received a petition signed by 
yourself and others, informing me that you desire to form a new school 
district of the territory described as follows, to-wit.: [Description as 
above.] In order that the wishes of the residents of said proposed dis- 
trict may be ascertained, you will please notify, by personal service as 
far as convenient, each elector residing therein, and also post notices 
in three public places (one of which shall be the place of meeting) that 
such a petition has been made, and that a meeting will be held, naming 
the time and place of such meeting, to determine whether such district 
shall be formed. You will, also, please notify me by mail of the time 
and place of such meeting. 

Respectfully yours, 



County Superintendent. 

Note. In the formation of a new district, every step should be 
strictly in accordance with the law, and the notices posted should con- 
tain a clear description of the proposed district. 



301 



APPENDIX— FORMS 



No. 8. Notice for a Meeting to Organize a New District. 

School District Meeting. 

To All Whom It May Concern: 

Whereas, It is proposed to organize a new school district in that 
part of County described as follows, to-wit. : [De- 
scription.] Notice is hereby given, as per direction of the county super- 
intendent of public schools of said county, that a meeting of the electors 

residing within the boundaries aforesaid will be held at 

on the day of , A. D. 19 at 

o'clock m., when a vote will be taken by ballot on the 

question whether or not the proposed district shall be organized. If the 
vote shall be in the affirmative, a board of directors will then be elected. 

By order of , County Superintendent 

of Schools. 



Dated ! ,19 

Note. After the organization, a copy of the notice and of the pro- 
ceedings of the meeting should be sent to the county superintendent. 

The ballot box should be kept open long enough to give every elector 
an opportunity to vote — never less than three hours. 

If the proceedings were in accordance with the law, the county super- 
intendent should number and record the district, and notify the secre- 
tary of his action. 



302 



APPENDIX— FORMS 

No. 9. Recording Proceedings of a Meeting Held for the Purpose of 

Organizing a New School District. 

(See §§ 131 and 132.) 



19.... 



On the day of , 19 , a 

petition, of which the following is a true copy, was made to 

, county superintendent of public school of 

county, to-wit: (Here copy the petition.) Whereupon 

the said county superintendent issued an order, of which the following 
is a copy, to-wit: (Here insert copy of the order.) In obedience to 
which order the following notice was posted, as required by section 131 
of the school law, to-wit: (Here insert a copy of the notice.) 

In pursuance of the above notice, the electors of the proposed new 

school district assembled at at 

o'clock .... m. The meeting was called to order by 

and, on motion, was elected chairman, 

and secretary. On motion, 

was elected to act with the chairman and secretary as 

judges of election. On motion of the electors 

began to vote by ballot upon the question of forming a new school dis- 
trict. The ballot box remained open for the reception of votes from 

o'clock m., until o'clock m. Upon counting the ballots 

it was found that J. . ballots were cast, of which 

were in favor of .the organization and against. 

On motion of , the meeting proceeded to 

elect, by ballot, a board of directors. The following are the names of 
the persons voting: (Here record the names of persons voting.) The 

ballot resulted in the election of president; 

". , secretary, and .- , 

treasurer, etc., etc. 

On motion of the meeting adjourned 

sine die. 



Chairman. 

Attest: , 

Secretary. 

Note. A copy of the proceedings should be sent to the county super- 
intendent, together with the certificate of some elector, that the notice 
of the meeting was posted in three public places, as required by law. 
The person who posted the notice should sign the certificate of posting. 

If the district is formed from unorganized territory, the secretary 
must send with this report a certified list of the names of persons of 
school age residing in the district. 

A permanent record of the proceedings should be made in the secre- 
tary's boohs. 

303 



APPENDIX— FORMS 



No. 10. Bond to Be Given by the Secretary or Treasurer of Each School 

District. 
(See § 111.) 

State of Colorado, ) 



County of 



KNOW ALL MEN BY THESE PRESENTS, That we 

, principal, and , and 

sureties, are held and firmly bound unto School District 

No in the County of state of Colorado, in 

the full sum of dollars, lawful money of the United 

State, to which payment, well and truly to be made, we bind ourselves 
jointly and severally, our joint and several heirs, executors and admin- 
istrators, firmly by these presents. 

In Witness Whereof, We have hereunto set our hands and seals this 
day" of , A. D. 19 

The Condition of the Foregoing Obligation Is Such, That, whereas, 

the above bounden was, on the 

day of , A. D. 19. . . ., duly elected (or appointed) Secre- 
tary (or Treasurer) of School District No in the county of 

and state of Colorado, for the term of 

Now, Therefore, If the said and shall 

faithfully discharge all the duties of said office, according to the laws 
which now are, or which may hereafter be in force, and shall faithfully 
apply all moneys which may come into his hands by virtue of said office, 
and shall deliver over to his successor in office all moneys, books, papers 
and property in his hands as said officer, within ten days after the same 
shall have been demanded by such successor, then this obligation shall be 
void; otherwise it shall remain in full force. 

[Seal] 

[Seal] 

[Seal] 

Signed, sealed and delivered in presence of 



Note. The penal sum named in the above bond should be at least 
twice the amount likely to be in the hands of the officer at any one time 
during the term of office, and the bond must be filed with the county 
superintendent. 



304 



APPENDIX— FORMS 

No. 11. Request to Be Made by Ten Legal Voters of a District to the 

Board of Directors, for the Calling of a Special Meeting. 

(See § 113.) 



To the Board of Directors of School District No in 

County, Colorado : 

The undersigned, legal voters of school district No , in 

County, Colorado, request you to call a special meeting 

of said district for the purpose of 

Dated this day of A. D. 19 



Name. 



Name. 



No. 12. Notice of Special Election. 
(See §§ 144 and 148.) 

Notice — A special meeting of the legal voters of School District No. 

, in the county of , called on the written request 

of ten legal voters (or called by the district board, as the case may be), 

will be held at (the district school house or other place) on the 

day of 19 , at o'clock (p. m.), for 

the purpose of (here specify every item of business that is to be brought 
before the meeting). 



Secretary. 

Posted 19 

Note. This notice should be posted at least twenty days previous 
to the meeting, in three separate public places within the district, and 
additionally at each school house. 

Business not specified in this notice can never be lawfully transacted 
at such special meeting. 

If such special meeting is for election of school officers, the polls 
should be kept open not less than three hours, and the time of opening 
and closing should be mentioned. 

305 



APPENDIX— FORMS 



No. 13. Notice of Annual Election Second and Third Class Districts. 

Notice Is Hereby Given, That the annual meeting of the legal voters 

of School District No , in the county of , 

will be held (at the school house or other place; or, if more than one 
voting place, specify each place and boundaries of such precincts), on 
Monday, the day of May, 19 , for the purpose of elect- 
ing (one or more) directors, as provided by law. 

The ballot box will be opened at the hour of m.„ and 

close at the hour of m., and at m. the meet- 
ing will be organized for the transaction of any other business pertain- 
ing to school interests that may be brought before it. 



Secretary of School District No. 
County of 



Posted April 19 

Note. The secretary of the district should give at least six days' 
previous notice of the regular meetings of the district (see section 
142), and should post the notices in the same manner as for special 
meetings, and the ballot box must be kept open not less than three hours. 



No. 14. Notice of Biennial Election (First Class Districts). 

Notice is hereby given, that the biennial election of the legal voters 

of school district No , in the county of 

state of Colorado, will be held (mention different polling places and 

defined boundaries of each voting precinct) on Monday, the 

day of May, 19 for the purpose of electing mem- 
bers of the board of education as provided by law. 

The ballot boxes will be opened at 7 o'clock a. m. and close at 7 
p. m. of said day. 

Dated April 19 



Secretary of the Board of Education 

of School District No 

County of 

Note. This notice shall be posted in at least three public places, 
and, additionally, published weekly for the four weeks next preceding 
such election in some newspaper published in the district; and, in dis- 
tricts having a school population of over three thousand, shall be posted 
and published for a period of eight weeks next preceding such election 



306 



APPENDIX— FORMS 



No. 15. Recording Proceedings of a Regular or Special Meeting of the 

District. 

The regular (or special, as the case may be) meeting of School Dis- 
tract No , in county, Colorado, convened at 

at ....* o'clock (p. m.), pursuant to previous 

notice given by the district secretary. 

The meeting was called to order by the president. 



The secretary being absent, on motion of Mr. 
was elected secretary pro tern. 



Mr moved that a tax of two mills on the dollar be 

voted for the purpose of building a school house for the district. 

Mr moved to amend by striking out "two" and insert- 
ing "five," which was agreed to, and the motion as amended was decided 
in the affirmative. 

Mr moved that a tax of one mill on the dollar be 

levied for the purpose of defraying the contingent expenses of the dis- 
trict. 

Motion carried. 

On motion of Mr the meeting adjourned sine die. 



President. 



Attest: 



Secretary. 



Note. Forms 9 and 15 are given with a view of assisting the inex- 
perienced. Persons familiar with such duties may vary the form, pro- 
vided that the proceedings are accurately recorded. 

Much depends on the record of the proceedings of the district meet- 
ing, hence it should be correctly made and carefully preserved. 

Under the law, the voting of a tax for any purpose must be, in each 
year, "On or before the day designated by law for the county commis- 
sioners to levy the requisite taxes for the then ensuing year," and school 
boards certify the same to the county commissioners. 



307 



APPENDIX— FORMS 



No. 16. County Superintendent's Notice of Apportionment to the District 

Secretary. 

Office of 

County Superintendent of Schools, 

County, Colorado, 



To 



Secretary of School District, No. 
In County: 



You are hereby notified that I have this day apportioned to your 

district the sum of dollars, of the general school fund, 

which amount has been placed to the credit of your district on the 
books of the county treasurer. 



County Superintendent. 



Note. This notice should be sent immediately after each apportion- 
ment. 



308 



APPENDIX— FORMS 



No. 17. Teachtr'a Contract. 



M. 



At a regularly called meeting of the board of directors of School 

District No , in county, Colorado, held this 

day of 191 , you were employed to teach 

in the public school of said district for the period beginning Monday, 

, 191 , and ending , 191 at a 

salary of dollars per school month, payable monthly in 

school warrants as provided by law. 

The conditions of your employment are that you will faithfully ob- 
serve the rules and regulations adopted by the board for the government 
of said school; that you will exercise reasonable diligence in looking 
after the preservation of school buildings, grounds, furniture, books, and 
all other school property under your jurisdiction; that you will make 
promptly and correctly all reports of the school required by the county 
superintendent; that you will keep a correct register of the school, and 
file the same with the president or secretary of this board or the prin- 
cipal of the school at the close of the school year as required by law; 

and that you will hold a legal certificate of the grade, issued 

or endorsed by the county superintendent of the county. 



President. 
Attest: 



Secretary. 

I hereby accept the above employment upon the conditions stated. 

» 

Teacher. 



309 



INDEX 



INDEX 





Opinion 


Section 


Page 


126 


213-14 


109 


203-4 


112 


204-5 


201 


261-2 


191 





164 


251-5 


122 




224 


264 


257 


268-9 


283 


272-3 


319 




346 




236 





Subject 

ACCOUNTS— 

of district expenses by secretaries 

of district funds, county treasurer render statement 
of each district kept separate by county treasurer 

of fines, penalties and forfeitures 

of permanent school emergency fund 

of warrants issued by district kept by district 

treasurer 131 214-15 

ADJOURNMENT— 

of district meetings 

school board — meetings of 

ADMISSION— 

to county high school 

to kindergarten 

to public schools 

to state teachers' college 

to truant school 

to union high school 

ADULTS— 

admitted to public school — when ».... 283 272-3 

AFFIDAVITS— 

in case of appeals 6-7-8 

of secretary to census list 104 200-2 

on appeal to county superintendent — when filed — 
contents 6-7 

ALCOHOLIC DRINKS— 

effect of on body, taught in public schools 282 272 

nature and effect of, taught 1 179 

school officers — duty of — penalty for failure to 

perform 2 

ANIMALS— 

humane treatment of, taught in public schools 282 272 

ANNEXATION— 

of territory to district 144 239-41 

ANNUAL MEETING — 

for election of members of school board 158 245-7 

of state board of education 289 

313 



INDEX 

Opinion 

Subject Section Page 
ANNUAL REPORT— 

of county superintendents to state superintendent 98 

of county treasurer 109 203-4 

of district secretary to county superintendent 126 213-14 

of district treasurer 131 214-15 

of school board to county superintendent 134 216-35 

of teacher 339 291-3 

APPEALS— 

affidavit — contents of 7 

affidavit necessary 6 

certificate refused or revoked — appeal to State 

Board of Education 48 

compulsory education — exemption denied — appeal 

to county court 73 

from county superintendent to state board of edu- 
cation — who may — how 11 181 

from district board to county superintendent — who 

may — how 5 179-182 

hearing— oaths — decision 10 

no judgment for money 12 

superintendent notify secretary — certified trans- 
script 8 

to state board of education when certificate refused 

or revoked , 48 187-193 

who may — from county superintendent to state 

board of education 11 181 

who may — from district board to county superin- 
tendent 5 179-182 

APPOINTMENTS — 

of county superintendent in case of vacancy 92 

of district director by boards of first class 133 215-16 

of district director by county superintendent 96, 102 196-7 

199-200 
of judges and clerks of election in first class dis- 
tricts 153 245-7. 

of members of high school committee 232 

APPORTIONMENTS— 

according to census 107 203 

basis of all apportionments 106 203 

by county superintendents 105 202-3 

by state superintendent 312 276 

district not having three months school not en- 
titled to 284 

first, after the organization of a new district 151 244 

kindergarten 257 268-9 

in July — basis 106 203 

of general fund — when no report and census list 

filed 130 214 

of money from unpaid special taxes due district 

after division 151 244 

of state normal institute fund 200 

to state normal school : 317 276 

when district fails to report census 130 214 

ARBOR DAT (See Holidays) — 

314 



INDEX 



Subject Section 

ASSISTANT STATE LIBRARIAN— 

appointment — duty — salary 313 

ATTENDANCE — 

at night school allows employment 58 

at night school equivalent to half time 75 

of pupils — stated in report of board 126 

ATTORNEY GENERAL — 

approve use of emergency fund 192 

member state board of education 286, 288 

AUDITOR OF STATE — 

(See Teachers and State Superintendent of Public 
Instruction. ) 

B 

BALLOT — 

at meeting to issue bonds — form 18 

election of school directors by 153 

for refunding bonds — form of 39 

BALLOT BOXES— 

kept open for three hours in second and third 

class districts 16, 153 

kept open from 7 A. M. to 7 P. M. in first class 

districts 153 

BIBLE— 

directors determine use of in school 347 

no religious instruction in public schools 347 

no sectarian tenets taught in school 280 

BIENNIAL REPORT — 

of superintendent of public instruction 311 

BLANK BOOKS— 

superintendent of public instruction print and fur- 
nish teachers and others 310 

BLANK FORMS (See Forms) — 

BLANKS— 

for reports — supplied by superintendent of public 

instruction 339 

BOARD OF COUNTY COMMISSIONERS— 
(See County Commissioners.) 

BOARD OF DIRECTORS (See Directors) — 

BOARD OF EDUCATION — 

(See State Board of Education.) 

BOARD OF HEALTH — 

recommend standard works on hygiene and nar- 
cotics. (See note to Section 1.) 

315 



Opinion 
Page 



213-4 



245-7 

185, 245-7 
245-7 



294 
294 



291-3 



INDEX 

Opinion 

Subject Section Page 

BOND— 

of county superintendents — amount — approval — fil- 
ing 90 194-5 

of secretary of school board — conditions — approval 

— filing 125 210-13 

of state superintendent — amount — approval — where 

deposited 308 

BONDS— 

amount of bonded indebtedness first determined by 

board 15 183-4 

annexed property subject to assessment 34 186 

balance of funds for redemption of — how invested 32 

ballot box open not less than three hours 16 185 

ballot — form of 18 

board canvas vote and determine result — minutes 20 185 
board first determine amount of bonded indebted- 
ness 15 183-4 

board keep record 24 

boundaries — change of — not release property from 

assessment 34 186 

challenge vote — how — oath 19 

change of boundaries not release property from 

assessment 34 186 

county clerk and recorder register 24 

county commissioners levy tax for redemption 38 

county commissioners assess tax for payment — 

how collected 23 

county treasurer collect tax and pay district treas- 
urer 38 

coupon bonds issued — when payable 21 

districts — uniting two or more — bonded indebted- 
ness prior to — liability 144 

districts not taxed for more than one kind of high 

school .'. 47 

electors — qualifications to vote on 13, 14, 154 182-3 

electors — when need not register 26 

electors in districts in cities under special charter, 

not permitted to vote unless registered 25 

electors moving from precinct to another precinct 

in same district — how register 28 

fees for collection of special taxes — county treas- 
urer 35 

how and where paid 23 185 

how debt by loan contracted 13-14 182-3 

issue and payment — what laws apply to — except... 37 

judges of election — who act as 17 

judges reject vote — when 19 

laws repealed — proviso 31 

limit of bonded indebtedness 15 183-4 

limitation of taxation not apply to payment of 

county school bonds or interest thereon 333 

negotiable coupon — validated 334 

notices of election posted — when — where — contents 16 185 

payable to bearer — how signed 22 

redemption of — premium — how 32 

refunding bonds — when issued — interest — redemp- 
tion .„ 86 

316 



tion 


Opinion 
Pago 


39 
24 




29 

27 


186 


27 
29 


186 


30 
30 




23 
38 


185 



INDEX 



Subject 

BONDS (Continued) — 

refunding — question of — submitted to qualified 
electors 

registered with auditor of state — when — duty 

registration books — county clerk deliver to judges 
day preceding election 

registration books — duty of county clerk to furnish 

registration books — duty of registration committee 
relative to 

registration books — where kept 

registration and election laws of state apply — 
when 

registration lists — how purged — competition 

tax for payments of — commissioners assess — how 
collected 

tax for redemption — county commissioners levy.... 

returns certified immediately after polls close — re- 
sults determined 20 185 

U. S. and state bonds purchased by district treas- 
urer — how kept — proceeds — sale 33 

voting places — number of 17 

County High School Bonds — 

amount not exceed 2% assessed value of high 
school district 

annexed territory subject to assessment 

ballot box provided — separate 

bonds — how signed 

bonds redeemed in open market at lowest 

price 43 

bonds registered by county clerk — when ne- 
gotiable , .'. 41 

boundary lines — change in — not release tax- 
able property 44 

cancellation recorded in books of county re- 
corder i 4 2 

cancel bonds — county treasurer — when 42 

compensation of county treasurer for collec- 
tion of special tax 45 

county commissioners levy tax for principal 

and interest — how paid 42 

county superintendent — give notice 40 186 

county treasurer advertise date of payment 42 

county treasurer cancel bonds redeemed 43 

county treasurer collect tax — surplus — how 

disposed of 42 

coupons — how signed 40 186 

district — how avoid maintaining two high 

schools and paying taxes thereon 47 

districts maintaining high school or union 

high school may abandon same — when 47 

district not obliged to maintain two high 
schools 47 

districts subject to this act 47 

electors — how challenged 40 186 

high school committee first agree and certify 

amount 40 186 



40 


186 


40 


186 


40 


186 



317 



INDEX 



Subject Section 

BONDS (Continued) — 

County High School Bonds — (Continued) — 

high school committee issue coupon bonds — 
interest — payable — redeemable 

limitation on taxation not apply to payment of 

meeting held and conducted — returns declared 
how 

petition for election 

results of meeting — how declared 

special meeting — committee may call — purpose 
— notice 

tax for principal and interest — county can 
levy — how paid 

votes of districts against organization of coun- 
ty high school district — how considered 

what stated on face of bonds 

BOOKS (See Blank Books) — 

of secretary open for inspection 

used in school — stated in report of board 

BOUNDARIES— 

lines of district changed — not affect bonds .... 

of new district organized from old 

of school district — county superintendent make rec- 
ord 103 

BRANCHES— 

common — may be taught in German or Spanish — 

when 

taught — stated in report of board 

BUILDINGS— 

bonds for erecting and furnishing schools 

creating debt to erect or furnish : 

distance of saloon from 

for district high school — directors build or lease — 

when 

general fund not used for 

lien not applicable to 

school building and lots exempt from taxation 

school buildings exempt from taxation 

union high school — tax for 

BY-LAWS— 

directors make 133 



Opinion 
Page 



40 


186 


334 




40 


186 


40 


186 


46 




46 




42 




47 




41 




129 




126 


213-14 


34 


186 


142 


236-8 



200 



282 


272 


126 


213-14 


14 


182-3 


153 


245-T 




1 


244 


266 


180 




14 


182-3 


328 




328 




239 





215-16 



CANCELLATION— 
of district bonds 



CANDIDATE— 

for school director in first and second class districts 



23 



154 



185 



247-60 



318 



INDEX 

Opinion 

Subject Section Page 

CENSUS (See School Census.) 

CENSUS LIST— 

basis of apportionment for school fund 106-107 203 

copy of delivered to principal or superintendent of 

districts of first and second classes 125 210-13 

copy of retained in office of secretary 125 210-13 

county superintendent examine — correct 104 200-2 

forwarded to county superintendent before April 1st 125 210-13 

secretary take — when 125 210-13 

CERTIFICATE— 

of attendance of child at school 57 

of indebtedness 14 182-3 

of secretary to the record on appeal .... 83 

CERTIFICATES — 

appeal to state board of education when certificate 

is revoked or refused — when 48 187—193 

boards issue certificates to teachers of special sub- 
jects 134 

boards of first class districts conduct examination 

— how 48 187-193 

boards of first class districts have power to issue 

district certificates — condition 48 187-193 

boards of first class districts issue certificates 

without examination — when 48 187-193 

county superintendent issue 48, 165 187-193 

county superintendent keep official record of per- 
sons examined — contents ■ 48 187-193 

county superintendent keep record of certificates 

issued by first class districts 48 187-193 

county superintendent retain for three months writ- 
ten answers of all applicants 48 187-193 

county superintendent revoke certificates — when .... 48 187-193 

from other counties or states — when recognized 165 

granted upon examination only — except 48 187-193 

issued by boards of first class districts reported 

to county superintendent ... 48 187-193 

issued by boards of first class districts valid — 

where 48 187-193 

issued by county superintendent — grades 48 187-193 

like grade — county superintendent issue — when... 48, 165 187-193 

like grade certificates — what show 48 187-193 

not more than two of third grade issued to same 

person 48 187-193 

not required to teach music, drawing or modern 

languages 338 

questions prepared by state superintendent used 

in examination 48 187-193 

record of persons examined — county superintendent 

keep 48 187-193 

renewal by county superintendent by whom issued 48 187-193 

revoke certificates, county superintendent may — 

when 48 187-193 

state board of education issue temporary non-re- 
newable certificate— when 294 

state superintendent prepare examination questions 48 187-193 

319 



INDEX 



Subject 



Section 



Opinion 
Page 



CERTIFICATES (Continued) — 

teacher have from superintendent where school 

house located 146 

teaching without — forfeit compensation 338 

temporary non-renewable issued by state board — 

when 294 

CHALLENGE— 

at bond elections 19 

of vote at school election — oath 154 

to fight duel — disqualify from office 12 

CHILDREN— 

compulsory education 72 

penalty for selling tobacco to 4 

prohibiting sale intoxicating liquors to 1 

unlawful to sell cigarettes to 3 

Child Labor Law — 

age and school certificate — form of 57 

age and school certificate — how approved .... 55 

age and school certificate — when approved 57 

age and school certificate first produced and 

filed before employment 52, 54 

age and school certificate for child under 16 

not approved — when 57 

amateur entertainments — children take part in 

— when 50 

certificate of principal of public or parochial 

school prima facie evidence as to literacy — 

when 57 

certifying to any materially false statement in 

permit — penalty 64 

child may be employed — how 63 

child over 14 and under 16 regularly attend 

evening school employed — when 58 

child under 14 not employed at gainable occu- 
pations 49 

child under 14 not employed before 7 a. m. or 

after 8 p. m * 49 

child under 14 not employed during school term 49 

child not employed more than 8 hours in one 

day 49 

child under 16 not employed after 8 o'clock in 

evening 60 

child under 16 not employed in underground 

works 51 

child under 16 not employed over 48 hours in 

any one week 60 

children permitted to work in fruit orchard, 

garden, field or farm — proviso 49 

eight hours per day — no child employed more 

than 49 

employer of a child over 14 and under 16 keep 

register — contents 52 

employer post notice of hours of work of 

minors , 60 

employment considered injurious — what 49 

320 



247-50 



179 



INDEX 



51 



53 



Subject 

CHILDREN (Continued) — 

Child Labor Law — (Continued) — 

evening school attendance certificate — form of 57 

exhibit child under 16 — unlawful to — exception 50 

female not engaged in occupation in streets 

or alleys B1 

. female under 10 not sell or distribute news- 
papers 

female under 16 not employed where forced 

to remain standing constantly 51 

first violation — penalties for 64 

list of employed — employer post in work room 

— contents 

notices of hours of work furnished by factory 

inspector : 60 

penalties for permitting unlawful employment 

— first offense *> 4 

penalties for second violation 65 

penalties for unlawful employment 64 

permits for employment in concerts and the- 
atrical performances considered part of 

training and education 49 

presence of child under 16 in workshop prima 

facie evidence of employment 61 

president and general manager of corporation 

personally responsible 64 

proof of age — how 56 

register — employer keep — when — contents 52 

school certificates — form of 57 

school board report unlawful employment to 

state factory inspector 

second violation — penalties for 65 

state factory inspector — duties of 59 

state factory inspector furnish notices of hours 

of work 60 

state factory inspector prosecute violations 62 

state factory inspector visit and inspect places 

of employment 

unlawful employment — penalties for first of- 
fense 64 

unlawful employment — penalties for 64 

Compulsory Education — 

act not apply to districts without accommoda- 
tions 

appeal to county court when exemption denied 

best interests of child may exempt 

bodily or mental condition exempts — when 

child may be discharged or paroled — when 

child unable to attend school — duty of truant 

officer 81 

child's help necessary for own or parent's 
support, exempts 

children between 8 and 16 sent to school. 

children between 14 and 16 must read and 
write English 

children eligible to enter high school — exempt 

321 



Opinion 
Section Page 



59 



6 2 



84 




73 


193-4 


73 


193-4 


73 


193-4 


80 





73 


193-4 


73 


193-4 


75 




73 


193-4 



INDEX 

Opinion 
Subject Section Page 

CHILDREN (Continued) — 

Compulsory Education — (Continued) — 

children over 14 having- completed eighth giade 

—exempt 73 193-4 

children under 11 not employed — except 74 

commitment of child for instruction when 

provision therefor neglected or refused 81 

conviction of parent — penalty^bond — defense 79 194 

detained — not beyond majority 80 

directors appoint truant officers 77-78 

discharged or paroled — when 80 

duty of parent or guardian upon notice from 

officer 79 194 

employer keep written record of proof of ex- 
emption 74 

employer may make provision for private in- 
struction — consent of county superintendent 75 

exempt — who are — grounds for 73 193—4 

exemption, application for — who hear 73 193-4 

expense of transportation to place of commit- 
ment — how paid 80 

general assembly may require equivalent to 

three years' education .... 72 

member of board may be appointed- truant of- 
ficer 78 

no child detained beyond its majority 80 

not applied to districts without accommoda- 
tions 84 

parent — conviction of — penalty 79 194 

parents or guardians cause children to be in- 
structed 73 193-4 

parole or discharge — when , 80 

penalty — employer's failure to keep record 74 -* 

second conviction — penalty — trial by jury 83 

secretary of district furnish record blanks to 

truant officers 77 

sufficient instruction at home exempts 73 193-4 

superintendent or county superintendent hear 

applications for exemption 73 193-4 

suspension of commitment by county judge — 

when 80 

transfer of incorrigible or vicious child from 

children's home 80 

truant committed — when 80 

truant defined 76 194 

truant officers — powers and duties 77, 79 194 

truant officer appointed by board in 3rd class 

districts — salary 78 

truant officers appointed by school directors — 

compensation 77-78 

truant officer keep record on blanks furnished 

by secretary of the district 77 

truant officer warn parent or guardian of tru- 
ancy and consequences , 79 1S4 

violation — penalty 82 

322 



INDEX 



Subject Section 

CHILDREN (Continued) — 
Delinquent Children — 

act applies to girls under 18 68 

act applies only to male children under 16 66 

child or children denned 66 

definition of 66, 68 

evidence to determine delinquency not used 

in other cases, except 66 

parent or parents defined 66 

penalty 67 

Physical Examination — 

county physician make examination, when 70 

county physician report inability to properly 

treat, to county commissioners - 70 

county physician treat child for defectiveness 70 
defectiveness — principal or county superin- 
tendent notify parents or guardians of 70 

defectiveness — teacher report 70 

examination — failure of parents or guardians 

to have 70 

examination — record and written report of— 

submitted to state superintendent 69 

examination — teacher, principal or county su- 
perintendent conduct 69 

examination of child — physician make 70 

physical examination — consists of what 69 

principal or superintendent notify bureau of 

child and animal protection — when 70 

state auditor draw warrants — when 71 

teacher report defectiveness 70 

test cards — state superintendent prepare suit- 
able 69 

test cards furnished free to each public school 69 

CHURCH— 

appropriation to frdm school fund prohibited 279 

property exempt from taxation 328 

school fund not used for sectarian doctrines 279 

CIGARETTES— 

penalty for violation 4 

unlawful to give or sell to persons under 16 3 

CITIZEN (See Electors) — 

qualifications of 157 

CLASSIFICATION— 

of counties fixing compensation of county superin- 
tendents 94 

of school districts 120 

CLERKS— 

of election appointed in first class districts 154 



Opinion 
Page 



195 

205-6 



247-60 



323 



INDEX 



Subject 

COMMITTEE— 

county superintendent ex-offlcio member of county 

high school committee 

county superintendent — ex-offlcio secretary of 
county high school committee < 

County High School Committee — 

build or remove buildings — vote of electors 

determine number of teachers 

determine rate of tuition for non-resident 
pupils 

employ or discharge teachers 

exclude improper publications from schools.. 

fix course of study and text-books used — pro- 
viso i 

fix term and time for opening and closing 
school 

furnish free text-books — vote of electors 

hold real or personal property in trust 

make annual report to county superintendent — 
when 

make report to state superintendent when in- 
structed 

may refuse to admit pupils from other high 
school districts — when 

not interested in public contracts 

not interested in warrants 

powers and duties of 

provide books for indigent children — when 

provide school furniture and necessities 

rent, repair and insure buildings 

require pupils be furnished with books 

require teachers to conform to law 

term of office 

vacancies — when filled 

Union High School Committee — 

directors elect 

exercise powers accorded school boards 

meetings — when held 

not interested in public contracts 

not interested in warrants 

special meetings — county superintendent call.. 

teachers — determine number of 

term of members 

vacancies — filled by board 





Opinion 


ctlon 


Page 


219 


262-3 


219 


262-3 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 



224 



224 



224 



264 



224 


264 


224 


264 


224 


264 



264 



264 



224 


264 


258 


269-71 


258 


269-71 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


220 


263 


220 


263 


231 


265 


234 


266-6 


233 




258 


269-71 


258 


269-71 


233 




234 


265 


232 




232 





COMMON SCHOOLS (See Public Schools). 



COMPENSATION— 

of county superintendent 94 

of county treasurer for collecting special taxes 35 

of deputy county superintendent 96 

of deputy county superintendent for holding exam- 
inations 165 

of secretary of school board 134 

of secretary of high school committee 232 

of teacher, stated In report of board 126 



195 
196 



255-9 
216-35 



218-14 



324 



INDEX 



Subject 

COMPENSATION— (Continued)— 

of truant officer 

secretary only member of school board to receive 

teacher not dismissed without receiving 

withheld until register is filed by teacher 

withheld from officers violating laws — when 

COMPULSORY EDUCATION (See Children). 

CONSOLIDATED DISTRICTS (See Districts). 

CONTRACTS (See Public Contracts). 



Section 



77 
134 
338 
339 
109 



Opinion 
Page 



216-35 

280-91 

291-3 

203-4 



CORPORATIONS— 

district not interested in 186 

public school money not donated to 279 

taxation of for school purposes 329 

COUNTIES— 

classified for county superintendents' salaries 89, 94 

COUNTY ASSESSOR— 

arrange tax schedules — list property on May 1st..-. 336 

certify assessable valuation of district property to 

county superintendent 332 

COUNTY CLERK— 

levy minimum rate of tax for school purposes 335 

COUNTY COMMISSIONERS— 

allow mileage to county superintendents — when 94 

fill vacancy in any county office 87 

fill vacancy in office of county superintendent — 

when '. 87, 92 

levy county school tax — to increase minimum rate 

— levy special tax 331 

levy high school tax — limit of 229 

levy special school tax for ensuing year 336 

levy special tax to pay interest on bonds 23 

levy tax to pay district bonds 38 

provide office supplies for county superintendent 95 

normal institutes — appropriate $2.00 for each per- 
son attending — when 258 

COUNTY COURT— 

clerk of — issue writ 349 

commit child from truant school to reformatory 354 

commit juvenile disorderly person 80 

inquire into question of truancy on petition 348 

try parent or guardian of truant child — when 79 

COUNTY HIGH SCHOOL (See High Schools). 

county high school bonds 40-47 

COUNTY SCHOOL TAXES (See Taxes). 



195 



278-80 



195 



276-8 



278-80 
186 



195 
269-71 



194 



186 



325 





Opinion 


ctlon 


Page 


258 


269-71 


144 


239-241 


146 


242-243 


144 


239-241 


99 




98 




145 


241 


102 


199-200 


92 




105 


202-3 


151 


244 


106 


203 



105 


202-3 


340 


293 


121 


206-7 


246 




248 





INDEX 



Subject 

COUNTY SUPERINTENDENTS— 

add 5% to teachers' grade — when 

annex or detach territory — when 

annex territory of district not maintained for one 
year 

annex unorganized territory — notice — when 

annual report — failure to file — notice by state su- 
perintendent — penalty 

annual report — when filed — contents 

annuling of joint districts — consent of necessary.... 

appoint directors — when 

appointment of — when 

apportion county school fund quarterly 

apportion money received for unpaid special taxes 

apportionment — basis — exception 

apportionment according to number of persons of 

school age 107 203 

apportionment certify to county treasurer and noti- 
fy secretary of each district 

apportionment for minimum salary of teachers 

approve treasurer's bond 

arbor day — give notice of day of celebration 

arbor day — promote observation of 

arbor day — report action to state forest commis- 
sioner 248 

blanks furnished by state superintendent — receipt 
for 

bond and its conditions 

boundaries — conflicting or incorrectly described — 
harmonize 1 

boundaries of districts — prepare map showing 

bribery disqualifies from office 

bring suit against county treasurer upon bond — 
when 

census list — compare and strike off duplicate names 

certificates — issue to teachers 

certificates — keep record of those issued by boards 
of 1st class districts 

certificates, like grade — issue — when 

certificates — renewal by county superintendent 
where issued 

certificates — revoke teachers' 

certify inability of district to meet teacher's min- 
imum salary 

certify to county commissioners amount of taxes 
needed per capita 

certify to county commissioners levies made by 
districts 

commissioner of lands — direction of state board of 
land commissioners 

compensation — not receive — failure to perform duty 

compulsory education — hear application for ex- 
emption 73 193-4 

counties — classification of as to fees by general 

assembly 89 

counties classified for salaries 94 195 

county assessor certify assessable valuation of dis- 
trict property to 832 



309 


274-5 


90 


194-195 


103 


200 


103 


200 


269 




111 




104 


200-2 


48 


187-193 


48 


187-193 


48 


187-193 


48 


187-193 


48 


187-193 


340 


293 


331 


276-8 


332 




85 




132 





326 



INDEX 

Opinion 

Subject Section Page 

COUNTY SUPERINTENDENTS (Continued) — 

county high school — election for organization — 

announce result 219 262-3 

county high school — give 20 days' notice for or- 
ganization — purpose 215 262 

county high school — post notice in each district — 

contents 216 

county school fund — apportion quarterly 105 202-3 

defaulting disqualifies from office 268 

delinquent children — when conduct examination of 69 

deputy — how paid - 96 196 

deputy— oath of 96 196 

deputy in first class counties — how paid 97 196 

deputy not draw salary from public fund 96 196 

directors — call meeting of to select high school 

committee 219 262-3 

districts — establish and number — when 143 238-9 

diploma issued by state teachers colleges — filed 

with county superintendent 323 276 

duelling or challenging disqualifies from office 274 

duties — qualifications — compensation prescribed 

by law 85, 101 196-9 

duties regarding organization of new districts 145 241-2 

duty, special — report to county commissioners 201 261-2 

election — oath — bond and its conditions — term of 

office - 86-90 194-5 

elector only eligible — must reside in county one 

year preceding election 88 

eligible — elector only 88 

embezzlement disqualifies from office 269 

examinations — add 5% to teacher's grade — when.... 258 269-71 

examinations — conducts — dates of and notice of.... 165 255-9 

examinations — keep record of persons taking 48 187-193 

examinations — keep answer for three months 48 187-193 

expenses of 95 195 

extend time for opening of school after organiza- 
tion of new district 146 242-4 

failure of appointee to qualify — appointment 92 

failure of board to comply with law — notify treas- 
urer 109 203-4 

failure to perform duty — not receive compensation 132 

failure to qualify — appointment ...i 92 

fill vacancies not caused by expiration of term 220 263 

funds — make division of on organization of new 

district 151 244 

give notice of election on county high school bonds 40 186 

good roads day — promote observance 255 

good roads day — report manner of observance to 

highway commissioner 255 

head of family — when transfer to other district 143 238-9 

joint districts — petition to county superintendents 

of both districts 145 241-2 

license issued by state teachers college — annul — 

when 32 276 

member, ex-offlcio of county high school committee 219 262-3 

member, ex-offlcio of union high school committee 231 265 

mileage of 94 195 

327 



INDEX 



Subject Section 

COUNTY SUPERINTENDENTS (Continued) — 

minimum salary — apportionment for teachers 340 

minimum salary — certify inability of district to 

meet 340 

not interested public contracts — penalty 261 

not interested in warrants — penalty 261 

new districts — when organize 142 

normal institute — add 5% to teachers grade — when 258 
notify clerks of district boards of assessable valu- 
ation 332 

notify county treasurer of failure of board to com- 
ply with law 109 

oath of 90 

oath of deputy 96 

office hours of 95 

perjury disqualifies from office 269 

person appointed to fill vacancy hold office until 

vacancy filled by election 87 

power to administer oaths to school directors, 

teachers, etc 100 

prepare map of districts in county showing correct 

boundaries 103 

salary not increased during term 266 

secretary ascertain number of blind and deaf mutes 104 

secretary, ex-officio of high school committee 219 

select executive committee of normal institute 258 

school laws — state superintendent furnish copies of 310 

solicitation of bribery disqualifies from office 269 

subornation of perjury disqualifies from office 269 

taxes — certify amount needed i 331 

taxes — certify levies to commissioners 332 

teachers notify commencement of term 339 

term of appointee 92 

term of office not extended during term 266 

term of office two years 85, 86, 90, 91 

transfer had of family to other district — when 143 

union high school — appoint committee of 5 to fix 

course of study — when 243 

union high school — call meeting of boards — when 231 

union high school — call special meetings 233 

union high school committee — ex-officio member of 231 

vacancies on board — when fill 102 

vacancy — appointment 92 

vacancy — how filled 87 

vacancy — when occur 93 

COUNTY TREASURER— 

bonds — advertise date of payment 42 

bonds — cancel redeemed 43 

bonds — collect tax and pay district treasurer — 

surplus 38, 42 

bonds — compensation for collection special tax 45 

bribery disqualifies from office 269 

cancel all paid school orders 113 

cancel redeemed bonds 43 

collect school funds belonging to his county 108 

custodian normal institute fund 258 

defaulting disqualifies from office 268 



Opinion 
Page 



293 
293 



236-8 
269-71 



203-4 

194-5 

196 

195 



200 

200-2 
262-3 

269-71 



276-8 
291-3 



194-5 
238-9 



265 



265 
199-200 



205 



269-71 



328 



INDEX 

Opinion 

Subject Section Page 

COUNTY TREASURER (Continued) — 

delinquent taxes — collect Ill 

disburse funds to proper districts 108 

districts — uniting of two or more — funds when 

transferred 144 239-241 

duelling disqualifies from office 274 

duties of 109 20S 

duties of concerning taxes 336 278-80 

fees of — for collection of school taxes 118 

fees for collection of special taxes „.. 35, 45 

furnish blanks with quarterly statement to secre- 
tary of school board 116 

keep separate account with each school district in 

county 109, 112 203-5 

money — when withhold from board 109 203-4 

money — certify to county superintendent — when.... Ill 
money certified to by county superintendent — 

place to credit of district 109 203-4 

money due district of 30,000 population pay to 

treasurer of district — when 110 

money due state — pay to state treasurer — when.. 110 
money forfeited by any district put into general 

school fund 109 203-4 

money uncollected — certify amount Ill 

not interested in public contracts — penalty 259 271 

not interested in warrants — penalty 261 

notice of payment of orders — when publish 115 205 

notice of payment of warrants— failure to publish 

penalty 117 

notify secretary of boards of assessable valuation 

of property 332 

pay school orders as registered 115 

perjury disqualifies from office 269 

quarterly statement render to school board — con- 
tents 114 

report receipts and disbursements to each district 

secretary 109 203-4 

orders on — when signed by president of county 

high school committee 225 

record of penal fund — keep 201 261-2 

report fines to county superintendent 167 

report to county superintendent — when — contents.... 109 203-4 

salary not increased during term 266 

solicitation of bribery disqualifies from office 269 

subornation of perjury disqualifies from office 269 

tax — failure to pay over — penalty — suit by whom 111 

term not extended during term 266 

transfer funds upon uniting of two or more dis- 
tricts — when 144 239-41 

warrants with no funds — duty of treasurer 112 204-5 

COUPON BONDS (See Bonds). 

COURSE OP STUDY (See Committee). 

school board fix 134 216-35 

329 



INDEX 



Subject Section 

DEBT— 

contracted only by vote of electors 13 

election to contract — who vote 14, 154 

funding floated debt 14 

limitation of bonded debt 15 

submitting question of contracting bonded indebt- 
edness 14 

DECISIONS— 

of county superintendent upon appeal 11 

of state board of education upon appeal 12 

DEFICIT— 

in union high school fund 235 

DEPUTY— 

county superintendent appoint — compensation 96 

may be employed — compensation 97 

DIPLOMAS— 

for eminent services ; 291 

license to teach — when annulled 323 

no fee j 324 

of kindergarten teachers 257 

of state normal school — trustees grant— evidence 

of what 322 

revoked by state board of education 295 

state — to whom issued 290 

temporary non-renewable 294 

without examination — when issued 293 

DIRECTORS— 

absence from district of any school officer more 

than 30 days — vacancy 124 

adjourned meetings of i. 122 

admit children of school age to public schools 283 

board act as union high school committee, when 

county seat included in district — powers of 231 

board of district where county seat included select 

union high school committee 231 

boards of fourth and fifth class districts — when act 

as union high school board 242 

boards of third class districts call meeting of elect- 
ors — when t. 123 

bribery disqualifies from office 269 

census — secretary take — when 125 

certify money needed to county commissioners 336 

certify tax levy to county superintendent 332 

consolidated districts— directors elected by ballot 

at union meetings „ 149 

control instruction in public schools of district 119 

defaulting disqualifies from office 268 

determine number of teachers 134 

district high schools — boards of first class may es- 
tablish - 244 

330 



Opinion 
Page 



182-3 

247-50 

182-3 

183-4 

182-3 



266 



196 
196 



276 

276 

268-9 



273-4 



209-10 
207-8 
272-3 

265 

265 

266 

208-9 

210-13 
278-80 



216-35 
266 



schools forbidden 



280 



205-6 



INDEX 

Opinion 

• , . Section Page 

Subject 

DIRECTORS (Continued) — 

district high school building— question of erection 

submitted to electors *** 

districts classified for number of *" u 

districts— general assembly establish with three or 

more directors 

districts over thirty thousand— funds held and dis- 

tributed by district treasurer 1M 

districts under thirty thousand— no orders drawn 

on county treasurer— except *■£. 

duelling or challenging disqualifies from office -274 

elect from boards four members to serve as county 

high school committee 219 

elect president, secretary and treasurer at first 

meeting after election - 120 

elected by qualified electors of district 119-i-JU 

electors only eligible to office of 1*0 

electors — qualifications of lbji 

embezzlement disqualifies from office 269 

establish and maintain kindergarten 257 268 

failure to qualify— vacancy— county superintendent 

... 121 20b-< 

appoint oik_i6 

fill vacancies in first class districts i" *." 

fill vacancies on union high school committee 233 

. i a_* 331 27 o — 8 

levy special tax -- ------ 

may admit adults to public schools— fix terms 283 iUJ 

may admit non-resident children 283 it£ 

meeting of electors— boards of third class call— ^^ 

when - '"" 

meeting to organize county high school committee 

ca ^ * loo 207-8 

meetings— adjourned "' 

meetings— regular— when held - J" ™<* 

meetings— special— when held 1^ ^ u < 

minimum salary— board certify maximum special 

tax — apportionments 340 

minimum salary— board may pay more than 340 

minimum salary— board not restricted in levying 

special tax for 340 

not interested in public contracts — penalty 259 ^ a 

not interested in warrants — penalty 261 

notice of election in second and third class districts 

—specify name of office and length of term 120 205-6 

number of— elected at general election 149 

number of in each district — districts classified 

j or _ 119-120 205-6 

oath— by whom administered 12 1 206-7 

oath filed with county superintendent 121 206 7 

perjury disqualifies from office 269 

president must be member of board in first class 

• district - 

qualify within twenty days after election 1^1 <™t>-< 

regular meetings of board— when held 

religious test as condition of admission to public 



secretary and treasurer need not be members of 

board in first class districts 120 205-6 

school laws— state superintendent furnish copies of 310 

331 



INDEX 



Subject 

DIRECTORS (Continued) — 

sectarian doctrines not taught in public schools 

solicitation of bribery disqualifies from office 

special meeting — notice of- — contents — where and 
when posted 

special meetings — when held 

subornation of perjury disqualifies from office 

teach subjects required in Section 165 

term of office in new district 

term of office not extended during term 

term of president, secretary and treasurer 

terms of president, secretary and treasurer — when 
expire in second and third class districts 

truant schools — boards of first class districts con- 
trol and regulate 

truant schools — boards of first class districts em- 
ploy officers, agents and teachers 

truant schools — boards of first class districts fur- 
nish and equip f 

truant schools — boards of first class districts pre- 
scribe course of instruction 

truant schools — boards of first class districts pro- 
vide for maintenance of child — when 

truant schools — boards of first class districts pro- 
vide for religious instruction — how 

truant schools — boards of first class districts regu- 
late parole of children 

truant schools — boards of first class district not 
give religious instruction 

union high school committee — boards of districts 
supporting have voice in selection of 

vacancy — thirty days' absence from district works 

Delinquent Officers — 

district officers neglecting or refusing to per- 
form duties — penalty .^?. 132 

superintendent or district officers not receive 

compensation — when 132 

warrant not signed for payment of delinquent 

officer — penalty for violation 132 

Powers of Directors — 

act as high school committee when county seat 

included in district 

act as judges of election — third class district.... 

alcoholic drinks — teach effect of on body 

annual report to county superintendent — when 

make t 

annual report — failure to publish — penalty 

annual financial report in districts of third 

class — publish 

appoint three judges for each precinct — when 

appoint truancy officers >. 

by-laws not inconsistent with instructions ol 

state superintendent — may adopt 

by-laws for own government and government 

of public schools — make 





Opinion 


Section 


Page 


280 




269 




123 


208-9 


122 


207-8 


269 




282 


272 


143 


238-9 


266 




120 


205-6 


120 


205-6 


346 




346 




346 




346 




346 




347 




346 




347 




237 




124 


209-10 



231 


265 


154 


247-9 


282 


272 


134 


216-35 


137 




136 


% 


154 


247-50 


77-78 




133 


215-16 


133 


215-16 



332 



INDEX 

Opinion 
Subject Section Page 

DIRECTORS (Continued) — 

Powers of Directors — (Continued} 

books — immoral or pernicious exclude from 

school 134 216-235 

books — one kind only used — not change within 

four years, except 134 216-235 

books for indigent children — provide — when 134 216-235 

books furnished free — when u.l- 134 216-235 

books used — determine — proviso 134 216-235 

build or lease high school building — vote of 

electors 244 266 

build or remove school houses — when 134 216-235 

canvass votes — issue certificate of election 155 250-1, 

consolidation — boards of adjoining districts 

submit question 148 244 

consolidated districts — may maintain two-year 

high school course 150 

consolidated districts — purchase site and erect 

building — when 150 

continuation schools — may maintain 134 216-35 

course of study — fix 134 216-235 

course of study in consolidated districts — fix 150 

course of training — boards establish 257 268-9 

district high school — boards of first class dis- 
tricts establish 244 266 

drinking cups — sterilized (Note under section 
137). , 

elect high school committee 219 262-3 

employ or discharge teachers 134 216-235 

establish district high schools — may 244 266 

evening schools — may maintain 134 216-35 

fill vacancy on first class board 133 215-16 

fill vacancy on union high school committee .... 233 

fraternities — regulate and control 180 3 

German language — may teach — when 282 272 

gymnastics — may teach — when 282 272 

high school committee — select three members 

to act as — when 231 265 

humane treatment of animals — shall teach 282 272 

hygiene — shall teach 282 272 

in first and second class districts 120 205-6 

insure school houses 134 216-235 

issue certificates of election — first class 154 247-9 

kindergarten— establish and maintain 257 268-9 

kindergarten — establish course of training — 

control and regulate 257 268-9 

manage and control public schools 276 

museums — may maintain 134 216—236 

narcotics — effect on body taught 282 272 

not interested in public contracts — penalty 259 271 

not interested in warrants 261 

not pay members of board other than secretary 

from district funds 134 216-35 

not require religious test as admission to pub- 
lic schools ,. 280 

not teach sectarian doctrines in public schools 280 

open air schools — may maintain 134 216—35 

opportunity schools — may maintain 134 216-36 



333 



INDEX 



Subject 

DIRECTORS (Continued) — 

Powers of Directors — (Continued) 

part time schools — may maintain 

playground — may establish 

property real or personal, held in trust 

pupils be furnished with books — require that.. 

pupils from other district — board refuse to ad- 
mit — when 

pupil residing remotely from school house at- 
tend school in adjoining district — when per- 
mitted 

purchase or sell school lands — when 

remove school houses — when 

rent, repair and insure school houses 

report to state superintendent — when instruct- 
ed 

re-precinct districts — boards of first class — 
when ~ 

rules and regulations of state superintendent — 
enforce 

school furniture — provide for 

schools, continuation — may maintain 

schools, evening — may maintain 

schools for aliens — may maintain 

schools, open air — may maintain 

schools, opportunity — may maintain 

schools, part time — may maintain 

schools, vocational — may maintain 

schools — when open to persons regardless of 
age 

secretary — fix compensation of 

semi-annual report in first and second class 
districts — publish t 

Spanish language — may teach — when 

subjects in section 165 — teach 

suspend, expel or exclude pupils — when 

suspend, expel or exclude pupils joining or or- 
ganizing fraternities : 

teach effect of alcoholic drinks on body 

teach effect of narcotics on body 

teach German language — when 

teach gymnastics — when 

teach humane treatment of animals 

teach hygiene 

teach Spanish language — when 

teachers — interchange of — proviso 

teachers — number of — determine 

teachers conform to law — require 

teachers of special subjects — issue certificates 
to — proviso 

teachers of special subjects — may employ 

term of schools — time for opening or closing 
schools — determine 

transportation — may provide in consolidated 
districts ^ 

tuition for non-resident pupils — determine 
rate of ... 



Section 



Opinion 
Page 



134 


216-235 


134 


216-236 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-236 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 



154 



247-50 



134 


216-235 


134 


216-236 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


135 




282 


272 


282 


272 


134 


216-235 


180 3 




282 


272 


282 


272 


282 


272 


282 


272 


282 


272 


282 


272 


282 


272 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


134 


216-235 


150 




134 


216-235 



334 



INDEX 

Opinion 
Subject Section Page 

DIRECTORS (Continued) — 

Powers of Directors — (Continued) 

tuition paid by board of district where pupil 

resides — when 134 216-235 

union high school committee — selected by — 

when 231, 237 265 

U. S. flag— may purchase 171 259 

vacancy on board — county superintendent 

fill — when 102 199-200 

vacancy on board — fill in. first class districts.. 133 ' 215-16 

vocational schools — may maintain 134 216-35 

President and Vice-President — 

absence from district more than 30 days — va- 
cancy 124 209-10 

compensation — not entitled to — when 132 

county superintendent fill vacancy — failure to 

qualify 121 206-7 

member of board in first class district 120 205-6 

not interested in public contracts 259 

not interested in warrants 261 

oath — who administer — where filed 121 206-7 

president appear in behalf of district in all liti- 
gation — except -,_"_ 124 209-10 

president elected at first meeting of board 120 205-6 

president elected by qualified electors 119-120 205-6 

president preside at meetings 124 209-10 

president sign orders on county treasurer 124 209-10 

president — term of — when expire 120 205-6 

vacancy — absence from district more than 30 

days 124 209-10 

vacancy — failure to qualify — county superin- 
tendent appoint ,. 121 206-7 

vice-president may be elected by board in dis- 
tricts of first class 124 209-10 

vice-presiuent perform duties of president up- 
on absence, refusal or inability 124 209-10 

Secretary — 

act as judge of election in third class district.. 154 247-50 

annual election — give notice of — failure 153 245-7 

annual report and census list — failure to file — 
conditions— duty of superintendent of public 

instruction 130 214 

annual report and census list — failure to file — 

procedure 130 214 

appear in litigation — when 124 209-10 

ascertain number of blind and deaf mutes 124 209-10 

bond of 125 210-13 

books always open for inspection by board ...... 129 

census — take — when 125 210-13 

census — copy of delivered to principal or su- 
perintendent of district of first and second 

classes 125 210-13 

census — copy of retained in office of 125 210-13 

census forwarded to county superintendent be- 
fore April 1st 125 210-13 

335 



INDEX 

Opinion 
Subject Section Page 

DIRECTORS (Continued) — 

Secretary — (Continued) — 

compensation — board fix 134 216-35 

county superintendent fill vacancy upon failure 

to qualify i 121 206-7 

destroy cancelled orders after six years — pre- 
serve quarterly reports 128 

draw and countersign orders issued by board 125 210-13 

duties of 125 210-13 

elected at first meeting of board 120 205-6 

elected by qualified electors 119-120 205-6 

expenses — keep accurate account of 126 213-14 

failure to file report and census list 130 214 

failure to qualify — county superintendent fill 

vacancy 121 206-7 

file transcript of appeal proceedings with coun- 
ty superintendent 8 

forward census to county superintendent — 

when 125 210-13 

furnish ballots 154 247-50 

member of board — need not be in first class 

districts 120 205-6 

not interested in public contracts 259 

not interested in warrants 261 

notice of all regular and special meetings — 

give 126 213-14 

notify county superintendent to call union high 

school meeting - 231 265 

oath — who administer — where filed 121 206-7 

preserve copies of reports to state or county 

superintendent 125 210-13 

preside at meetings in second and third class 

districts — when „ 124 209-10 

publish notice of candidates for directors 154 247-50 

quarterly report — exhibit to board at its first 

regular meeting 127 

quarterly reports and cancelled orders — keep 

on file for six years 128 

record of proceedings of board and meetings — 

keep 125 210-13 

report of affairs of district — make to county 

superintendent — contents 126 213-14 

statement of finances — render upon request of 

board 129 

taxes reported to 336 278-80 

term of 120 205-6 

term of — when expire in second and third class 

districts 120 205-6 

transmit to county superintendent names of 

district officers — when 125 210-13 

vacancy in office — county superintendent fill — 

when 121 206-7 

warrants or orders — keep record of 125 210-13 

336 



INDEX 



Subject Section 

DIRECTORS (Continued) — 
Treasurer — 

bond — treasurer's refusal to give — disqualifies 

from receiving money until 121 

bond of — when given — approved by and filed 

with county superintendent 121 

countersign own warrants in districts over 

30,000 131 

countersign warrants on county treasurer 131 

county superintendent fill vacancy upon failure 

to qualify 121 

elected at first meeting of board 120 

elected by qualified electors 119-120 

failure to perform duties or surrender books 

to successor — penalty 131 

failure to qualify — vacancy — county superin- 
tendent fill - 121 

funds held and distributed by in districts over 

30,000 124 

member of board — neeed not be in first class 

districts 120 

money received — take charge of 131 

not interested in public contracts 259 

not interested in warrants 261 

oath — who administer — where filed 121 

orders not drawn on in districts under 30,000 

— except - 124 

report of semi-annual receipts and expenditures 

— treasurers „of first class districts publish .... 121 

statement of finances — when render 131 

term of 120 

term of — when expire in second and third 

class districts 120 

vacancy caused by failure to qualify — county 

superintendent fill 121 

DISMISSAL— 

of teacher for good cause 338 

DISPLAY— 

of American flag 171-2 

of other than United States flags — penalty 177-8 

DISTRICTS (See Elections and High Schools) — 

abandon high school or union high school district 

to organize county high school — when 230 

added to union high school district — when 240 

affairs of — reported to county superintendent by 

secretary 126 

ballot boxes open 7 a. m. to 7 p. m. in first class 

districts 153 

ballot boxes open three hours in other than first 

class districts 153 

boards act as judges in third class districts 154 

classified for number of directors 120 

consolidation — question not re-submitted — when 148 

contribute to support of union high school districts 235 

337 



Opinion 
Page 



206-7 

206-7 

214-15 
214-15 

206-7 
205-6 
205-6 

214-15 

206-7 

209-10 

205-6 
209-10 

206-1 

209-10 

206-7 

214-15 

205-6 

205-6 

205-6 

280-91 

259 



213-14 
245-7 

245-7 
247-50 

205-6 
244 
266 



INDEX 

Opinion 
Subject Section Page 

DISTRICTS (Continued) — 

contributing to support of union high school — have 

voice in selection of committee 237 

debt incurred by vote of electors only 13 

elections in — notice of in second and third class 

districts , 120 205-6 

eminent domain — exercise right of 152 245 

eminent domain — property taken not exceed three 

acres unplatted or one block platted in first class 

districts 152 245 

eminent domain — property taken not exceed one 

acre in second and third class districts 152 245 

excluded from county high school districts — when 230 

failure to maintain schools during the year — not 

receive portion of school fund (Note to Sec. 

139 ) 235 

failure to maintain school three months — penalty 277, 284 

formed from unorganized territory — how 142 236-8 

funds — penal — belong to 201 251-3 

general assembly established with three or more 

directors i 119 

hold sites, buildings, furniture, etc., situate within 

boundaries — how 151 244 

legality not questioned — when 140-141 235 

levy for third class not exceed twenty mills 336 278-80 

located at county seat in union high school districts 

not open to pupils outside 231 265 

maintain school in each year (Note to Sec. 139).... 235 

not adjacent or contiguous to city or incorporated 

town — added to union high school district 240 

not forced to maintain more than one kind of high 

school 230 

not interested financially in corporations — except... 186 

not lend credit — when 185 

organized and operating for one year — legality not 

questioned 140-141 235-6 

over thirty thousand — funds held and distributed 

by district treasurer 124 209-10 

president appear for in litigation — except 124 209-10 

public schools — one or more maintained in 277 

pupils from adjoining districts — when permitted 

to attend school * 134 216-35 

real estate for location and construction of school 

house may hold 152 245 

re-precincted by boards of first and second class 

districts — when ..' 154 247-50 

second class — when become first class — election of 

board 140 

secretary appear for in litigation — when 124 209-10 

subject to garnishment 208 262 

third class not exceed twenty-mill levy 336 278-80 

third class transact other business at election 153 245-7 

third class — powers of electors in 164 251-5 

under fifteen not considered in certifying per capi- 
ta estimate 331 276-8 

338 



150 



150 



INDEX 

Opinion 
Subject Section Page 

DISTRICTS (Continued) — 

under 30,000 — no warrants drawn on county treas- 
urer — except 124 209—10 

union high school — not open to children outside 

when county seat included within — except — .... 131 214-15 

Consolidated Districts — 

board elected by ballot at union meeting 149 

board maintain graded course of instruction.. 150 

board may include high school course of not 
less than two years 

board may, in its discretion, furnish transpor- 
tation to pupils one mile distant 150 

board of first class act when consolidated with 

lower class 149 

board purchase site and erect building — when 
necessary 

boards of adjoining districts submit question 148 244 

boards of both first class districts act — when 149 

bond of person employed to transport children 150 

consolidation defined 147 

directors — number of — elected at general elec- 
tion 

first class districts submit question at general 
election — proviso 

fix course of study 150 

may maintain two-year high school course 150 

mile — how measured 15° 

officers elected — other procedure — union meet- 
ing 

petition by one-fourth qualified electors of dis- 
tricts — boards submit question 148 244 

purchase site and erect buildings 150 

question in first class districts not re-submitted 
for two years 

question in second and third class districts not 

resubmitted to same districts for one year... 148 244 

secretary in second and third class districts 

call special meeting — notice — contents 148 244 

term of board 149 

tuition paid by district where pupil resides... 134 216-235 

union meeting called by board in second and 

third class districts — when — notice 149 

Denver School District No. 1 — 

districts forming part of — when pay own debt 138 

governed by general school laws 138 

how conducted 138 

property, obligations, etc., of annexed territory 

assumed I 38 

Joint Districts — 

annulled — consent of county superintendent .... 145 241-2 

annulled to form separate districts — electors 

determine 

assessment of property — how made 

attendance at school — record of — how kept 

339 



149 

148 244 



149 



148 244 



145 


241-2 


145 


241-2 


145 


241-2 



145 


241-2 


145 


241-2 


145 


241-2 


145 


241-2 


145 


241-2 


145 


241-2 


146 


241-2 



INDEX 

Opinion 
Subject Section Page 

DISTRICTS (Continued) — 

Joint Districts (Continued) — 

census — how kept or prepared 

collection of taxes — how made 

organized from territory in two or more con- 
tiguous counties 

petition made to county superintendent of 
counties interested _. 

portion of district in each county act as sep- 
arate district — when 

procedure — same as organization of other dis- 
tricts — sections 142 and 143 

teachers have certificate from superintendent 
where school house located 

Organization of New Districts — 

apportionment of funds for new district — basis 

of 

board of directors elected after organization — 

term 

census list of petition — county superintendent's 

duty 

children of school age in district divided — 

forty 

city or town divided into two or more districts 

only upon vote of electors 

conform to government lines when practicable 

county superintendent — duties of 

county superintendent annex territory of dis- 
tricts not maintained for one year — when.. 
county superintendent apportion money re- 
ceived for unpaid special taxes 

county superintendent establish and number 

district — when 

county superintendent extend time for opening 

and maintaining school to eight months — 

when 

county superintendent make division of funds., 
county superintendent transfer head of family 

— when 143 238-9 

county treasurer retain unpaid special taxes at 

time of division — when 151 244 

directors — term of office in new district 143 238-9 

districts hold sites, school houses, furniture, 

situated within boundaries — when , 151 244 

district formed from unorganized territory — 

how 

electors of district to be formed — notified 

first class — divided only on vote of electors 

general or special fund not paid until school 

house begun in good faith 

head of family transferred to another district — 

when 

joint school district — separate district formed 

from — when 

meeting for organization — procedure 

340 



151 


244 


143 


238-9 


142 


236-8 


143 


238-9 


143 


238-9 


143 


238-9 


142 


236-8 


146 


242-4 


151 


244 


143 


238-9 


146 


242-4 


151 


244 



142 


236-8 


142 


236-8 


143 


238-9 


151 


244 


143 


238-9 


143 


238-9 


143 


238-9 



INDEX 

Opinion 
Subject Section Page 

DIRECTORS (Continued) — 

Organization of New Districts (Continued) — 

names of children in petition constitutes cen- 
sus list — when 142 236-8 

new district entitled to public money — when.. 146, 151 242-4 

notice of meeting — contents — how given 142 236-8 

per capita proportion of general fund appor- 
tioned by county superintendent — when 151 244 

petition of parents of ten children of school 

age — contents 142 236-8 

procedure after organization — elect directors — 

term of office 143 238-9 

remainder of district divided, contain twenty 

persons of school age 143 238-9 

school opened and maintained within six 
months from establishment — no money — ex- 
tension to eight months 146 242-4 

secretary of new district — duties 143 238-9 

secretary transmit certified list of children 
of school age — census list 142 236-8 

taxes left in old districts from which new 
formed, binds new district when organi- 
zation not completed 146 242-4 

valuation of district divided — $50,000 143 238-9 

vote — two-thirds required for organization.... 143 238-9 

vote on — who may 143 238—9 

when district may be divided to form new 

district 143 238-9 

Uniting Two or More Districts — Territory An- 
nexed or Detached — Unorganized Territory — 

board of directors — when first class unites 
with second class 

bonded indebtedness prior to uniting — lia- 
bility 

county superintendent annex unorganized 
territory — petition — limitation 

county superintendent may annex unorgan- 
ized territory — notice — when 

detaching and annexing portion of district 
subject to conditions of section 143 

districts united — how 

first class united with lower class — board of 
directors 

funds transferred by county treasurer — when 

meeting called — notice — procedure 

portion of district detached and annexed to 
another contiguous district — when and how 

unorganized territory — when and how an- 
nexed 

DRINKING CUPS — 

Boards provide for sterilization of (Note under 
Section 137) 

341 



144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 


144 


239-241 



INDEX 

Opinion 
Subject Section Page 

DUTIES (See titles of various school officers). 

of boards of directors 134 216-35 

of county superintendent 101 196-9 

of high school committee 224 266 

of state superintendent 309-11 274-5 

of truant officer 77 

of union high school committee 234 265-6 

E. 
ELECTIONS— 

ballots — contents 154 247-9 

ballots — form of 154 247-9 

ballots — form of in county high school election... 217 

ballots, excess — procedure by judges 155 250-1 

ballots preserved until — secretary burn unless.... 155 250-1 

ballots printed — bear names of candidates nomi- 
nated 154 247-50 

ballot boxes and duplicate poll books — contents — 

secretary provide 154 247-50 

ballot box open at least three hours in organiza- 
tion of a county high school district 216 

ballot boxes open at least three hours in second 

and third class districts 153 ( 245-7 

ballot boxes open from 7 a. m. to 7 p. m. in first 

class districts 153 245-7 

board act as judges in third class districts 154 247-50 

board appoint three judges for each precinct 154 247-50 

board canvas votes — issue certificate of election.. 155 250—1 

board of first and second class districts re-pre- 
cinct districts — when 154 247-50 

bonded indebtedness — qualifications of elector to 

vote on 154 247-50 

bribery or attempted bribery unlawful — penalty.. 154 247-50 

candidates in first and second class districts file 

notice with secretary 154 247-50 

candidates in first class district file certificate 

of nomination — contents 154 247-50 

certificates of election signed by president and 

secretary 155 250-1 

certificate of votes cast sent to county superin- 
tendent 218 

certificate of nomination signed by fifty qualified 

electors of district — contents 154 1.47—50 

contest election — county court jurisdiction — pro- 
cedure . 155 247-50 

contest election— elector may — time for 155 247-50 

county clerk make registration list — when — con- 
tents — deliver to secretary of district 154 247-50 

county high school — majority vote necessary to 

organize 219 262-3 

county superintendent — when elected 86, 90 194-5 

directors — number* of 120 205-6 

directors — when elected 119-120 205-6 

election day — legal holiday 252 

elector — challenge — oath — refusal to take oath — 

vote rejected 154 # 247-50 

342 



INDEX 

Opinion 
Subject Section Page 

ELECTIONS (Continued) — 

electors — qualifications of 154 247-50 

electors — registration of — when 154 247-50 

elector — voting at general election of county offi- 
cers — need not register — when 154 247-50 

elector casting or offering to cast more than one 
ballot 

elector give name and address to judge 

elector in districts of over 3,000 appear before 
county clerk or district secretary for registra- 
tion — when 

elector prepare own ballot in third class dis- 
tricts 

elector — unlawful to pay to vote or refrain from 
voting — penalty 

elector — unlawful to promise employment for 
voting or refraining from voting — penalty 

elector voting or attempting to vote more than 
once — penalty 

falsely personate voter — penalty 

fee for making and certifying registration — coun- 
ty clerk 

fraud — judges guilty of — judges permit — penalty 

general or special elections — laws apply equally 
to 

increase tax — notice of 

judges — absence — electors fill vacancy — how 

judges — absence — electors fill vacancy at county 
high school election 

judges — board act as in third class districts 

judges — qualifications of — board of first and sec- 
ond class districts appoint 154 247-50 

judges count ballots and certify count in county 
high school election 

judges certify returns 

judges permit electors to vote — when — ballot 

notice — secretary fail to give — how given 

notice — where posted — published in first class 
districts 1 

notice in districts of 3,000 — when posted and pub- 
lished 

notice in second and third class districts — con- 
tents 

perjury — elector when guilty of — penalty 

poll books and registration list — judge how dis- 
pose of — secretary give receipt 

regular elections to elect members of board held 
annually in second and third class districts 

regular elections to elect school board held bien- 
nially in first class districts 

regular elections held first Monday in May 

returns, certificate of — judges make in duplicate.. 

secretary call meeting of board upon receipt of 
returns 

secretary certify boundaries of precincts — when 

343 



154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


154 


247-50 


156 




333 




154 


247-50 


217 


247-50 


154 


247-50 



218 




155 


250-251 


154 


247-50 


153 


245-7 


153 


245-7 


153 


245-7 


120 


205-6 


154 


247-50 


155 


250-1 


153 


245-7 


153 


245-7 


153 


245-7 


155 


250-1 


155 


250-1 


154 


247-50 



INDEX 

Opinion 
Subject Section Page 

ELECTIONS (Continued) — 

secretary post notices — contents 153 245-7 

secretary provide ballot boxes and duplicate poll 

books 154 247-50 

secretary publish or post names of candidates — 

when 154 247-50 

special election void upon failure to give notice.. 155 250-1 

state superintendent of public instruction — when 

elected 301 

third class districts transact other business at 

regular election 153 245-7 

tie vote — special election — notice 155 250-1 

votes — judges count — when 155 250—1 

watcher — candidate appoint — qualifications 154 247-50 

ELECTORS— 

arrest — privilege from — when 159 

ballots — when prepare own — third class districts 154 247-50 

bribery of — unlawful 154 247-50 

challenged — oath — refusal — vote rejected 154 247-50 

county high school — organization of submitted to 215 262 
county high school — organization of — what elec- 
tors qualified to vote on 217 

disqualification — imprisonment — restoration 161 

elect directors — when 119-120 205-6 

elect county superintendent — when 86, 90 194-5 

elect state superintendent of public instruction — 

when 301 

falsely personate voter — penalty 154 247-50 

notified of new districts to be formed 142 236-8 

office — electors only eligible to 160 

powers of in third class districts 164 251-5 

prepare own ballots — when — third class districts 154 247-50 

qualifications of 154, 157, 162 247-51 

register — need not — when 154 247-50 

registration of — when 154 247-50 

registration of in districts over 3,000 — appear be- 
fore county clerk or district secretary 154 247-50 

residency not gained or lost — when 158 

third class districts — board call meeting of — 

when 125 208-9 

unlawful to pay to vote or refrain from voting — 

penalty 154 247-50 

vote to build or remove county high school build- 
ings 224 263 

voting or attempting voting more than once — 

penalty 154 247-50 

women may vote — qualifications of electors ap- 
ply to 163 

EMERGENCY FUNDS (See Funds)— 

EXEMPTIONS— 

from school attendance (See Compulsory Educa- 
tion and Truant Schools), 
from taxation (See Taxes). 

344 



INDEX 

Opinion 
Subject Section Page 

EMPLOYER — (See Compulsory" Education, Child La- 
bor Law under Children, and Truant Schools.) 

EMINENT DOMAIN — (See Districts, High Schools, 
county and union.) 

ENDORSEMENT OP WARRANTS — 

by county treasurer 112 204-5 

ENGLISH LANGUAGE— 

taught in public schools 282 272 

EXAMINATIONS— 

certificate from other counties or states — when 

recognized 165 255-9 

certificate of like grade — when issued 48, 165 187-193, 255-9 

certificate to teach — when county superintendent 

issue 165 255-9 

county superintendent add 5% to teacher's grade 

-whejn 258 269-71 

county superintendent conduct — dates of — notice 

of 165 255-9 

examining board — consists of whom- — how ap- 
pointed 322 

questions prepared by state superintendent 309 274-5 

person appointed to conduct examinations — pay 

f 165 255-9 

place of — county seat — or other convenient place 

—when 165 255-9 

state examining board — conduct — when 322 

students — when examined by examining board 322 

subjects covered by 165 255-9 

who conduct 165 255-9 

EXECUTIVE COMMITTEE (See Normal Institutes) — 

EXPENSES— 

of district — secretary keep account 126 213-4 

of normal institute — how paid 325 

of purchasing and displaying flag 173 

of school — paid by special tax — when 331 276-8 

of superintendent of public instruction 311 

of trial — transportation of juvenile disorderly 

person— county pay 80 

EXPIRATION OF CERTIFICATES (See Teachers) — 

EXPULSION OF PUPILS (See Directors)— 



F 

FACULTY— 

State Normal School — trustee appoint and remove 318 



345 



INDEX 

Opinion 
Subject Section Page 

FEES — 

applicant for teacher's certificate — pay 198 261 

for admission to State Normal School 320 

registration fee for Normal Institute 258 

FINANCES— 

of school district — treasurer make statement 131 214-15 

secretary render statement of 129 

FINES (See Funds)— 

arising from leaving unattended fires in or near 

forest timber 169 

arising from setting fire to timber and under- 
brush on public domain 168 

collected by justice of peace — where paid 166 

county treasurer render statement concerning 167 

county treasurer report to county superintendent 167 

defacing United States flag — penalty 175 

fines paid to school fund 170 

for employing children during school hours 99 

for failure of county superintendent to report 99 

for failure to comply with law on alcoholics and 

narcotics 2 

for failure to publish call for payment of school 

warrants 

for leaving unprotected fires 

for setting fire on public domain 

for superintendent or officer failing to perform 

duties 

for violation of compulsory school law 

justice of peace report to county commissioner — 

when — contents — receipts 

of county treasurer to pay over tax 

of employer failing to compel instruction of 

minor in employ 

of secretary to make report 

of treasurer to turn over moneys 

FLAGS— 

State Flag — 

adoption 179 

description — size — color — design 179 

provisions concerning U. S. flag apply to 179 

United States Flag — 

all public school institutions subject to act.... 174 

anarchistic flag not displayed .-. 177 

defacing of — penalty 175 

departments of school maintain — size of 172 

directors may purchase 171 259 

display of other than U. S. flag forbidden — 

exception 177 

displayed — when — directors determine 171 259 

flagstaff — directors erect and maintain 171 259 

purchase of — funds used — directors' duty 171 259 

size of 171 259 

superintendent publish act in school laws 176 

violation of provisions — penalty 178 

346 



169 




170 




132 




79 


194 


166 




111 




74 


» 


126 


213-4 


131 


214-5 



INDEX 

Opinion 
Subject Section Page 

FORFEITURES— 

for failure to maintain school 201 261-2 

for violation of school law — county treasurer 

place to credit in county where accrued 201 261-2 

FORMS (Of Ballots — See Elections) — 

bond of district treasurer or secretary 304 

bond of county superintendent 299 

for making reports — printed with school law 310 

for reports supplied by superintendent of public 

instruction 339 291-3 

notice of annual meeting — second and third class 

districts 306 

notice of biennial election 306 

notice of meeting for organization of new dis- 
trict 302 

notice of special meeting 305 

notification of apportionment of county superin- 
tendent 308 

oath of judges of election 297 

oath of witness before board of education 298 

oath of witness before county superintendent 298 

oath of school officer 297 

order directing notice of meeting to form new 

district 301 

petition to form new district 300 

record of meeting for organization of new dis- 
trict 302 

record of regular or special meeting 307 

request of special meeting by ten legal voters 305 

state superintendent print and furnish 310 

teacher's contract 309 

FRATERNITIES— 

applies only to school wholly or partly main- 
tained by public funds 180 1 

boards of directors regulate — enforce act 180 2 

contributing to juvenile delinquency — who guilty 

— how punishedj 180* 

delinquent child — if violate act — how punished... 180* 

directors suspend, expel — when 180 3 

penalty for violations 180 1 

pupils not organize or join — except 180 1 

rushing prohibited 180 4 

suspended or expelled — when 180 3 

unlawful, to induce or encourage organization or 

memberships in 180* 

FUNDS — 

appropriation of — not made unless state controls 

institution 181 

denominational institutions — appropriation for, 

prohibited 181 

general — for support of school for ten months in 

year — balance used, how 188 259-61 

general — not used for building or purchasing 

school site, etc. — except 188 259-61 

improper use of — felony 184 

347 



INDEX 

Opinion 
Subject Section Page 

FUNDS (Continued) — 

interest on school fund distributed to counties 182 259 

kindergartens maintained from special school 

fund 257 268-9 

losses of — state supply 182 259 

profiting by use of — felony 184 

rentals from mineral lands — where credited — 

proviso 187 

royalties from mineral lands — where credited 187 

school district not aid or be interested in corpora- 
tion — except 186 

school district not lend credit — when 185 

school fund interest not transferred to other fund 182 259 

school fund — interest on, expended for school 

maintenance 182 259 

school fund — of what consists 183 

school fund inviolate 182 259 

sectarian institutions — appropriation for, pro- 
hibited 181 

state board of land commissioner deduct expenses 

of administering lands 187 

state supply losses of school fund 182 259 

state teachers' college funds — trustee control 318 

treasurer, state — custodian of school fund 182 259 

union high school draws quota from general state 

and county — deficit 235 266 

Emergency Fund — 

amount available during one year 194 

apportionment and special school tax not 

sufficient — available -• 192-3 

available — when special school tax and ap- 
portionment not sufficient 192-3 

control of 189 

distress must continue one year unless re- 
lieved 193 

gifts or contributions to — part of and subject 

to provisions of act 195 

investment — interest part of 191 

moneys under act of congress^apportion- 

ment — when 197 

moneys under act of congress — at least 5 per 
cent, for roads or schools — county commis- 
sioner's duty 197 

special school tax and apportionment not 

sufficient — available 192—3 

transferred from general school income fund 190 

treasurer, state — custodian of 191 

unavoidable misfortune or casualty deter- 
mines, in part, use of 192-3 

vouchers signed by superintendent and ap- 
proved by governor and attorney general.... 196 

when used — unavoidable misfortune or casu- 
alty 192-3 

348 



INDEX 

Opinion 
Subject Section Page 

FUNDS— (Continued)— 

Normal Institute Fund — 

applicant for teacher's certificate, renewal, 
endorsement or like grade certificate pay 
pay dollar fee 198 261 

executive committee transmit to custodian.... 258 269-71 

expended — how 200 

fees constitute fund — turned to state treas- 
urer 199 

of what consist 258 269-71 

treasurer custodian of 258 269-71 

state superintendent apportion — how trans- 
mitted 200 

transmitted — how 200 

Penal Fund — 

belongs to districts 201 261-2 

benefiting from deposit — penalty 205 

county superintendent — special duty — report 

to county commissioners 201 261-2 

county treasurer keep records of 201 261-2 

liability for profit made by officer 204 

lost goods — sale of — money to county where 

accrued— credit of school fund 201 261-2 

not loaned or invested 202-3 

officer not benefit directly or indirectly from 

deposit 204 

officer not convert to own use — penalty 202 

officer not invest or make away with 202 

officer not loan — penalty 203 

officers — failure to account for — penalty 201 261-2 

penalty for loaning, converting or investing.. 202-3 
permanent funds from sale of school lands- 
how invested 206 

permanent funds from sale of school lands — 

reimbursed from military poll tax 207 

recovered — how 201 ,261—2 

what fines paid to 201 261-2 

FURNITURE — 

county high school committee provide 224 264 

school board provide 134 216-35 

Union high school committee provide 234 265-6 

G 

GARNISHMENTS— 

salaries, wages, credits, moneys — act applies to.... 209 

school district subject to 208 262 

GENERAL. ASSEMBLY— 

establish districts with three or more directors.... 119 

not prescribed text books 17 

GENERAL SCHOOL FUND (See Funds)— 

GERMAN— 

taught in public schools — when 282 272 

349 



INDEX 

Opinion 
Subject Section Page 

GOVERNOR— 

appoint trustees of state normal school 316 

approve use of emergency fund 192 

issue proclamation for Arbor day 248 

issue proclamation for Good Roads day 255 

GRADES— 

of certificate by county superintendent 48 187-193 

GUARDIAN— 

of truant child fined — imprisoned 79 194 

GYMNASTICS— 

taught in public schools — when 282 272 

H 
HAZING! — 

justice of peace has jurisdiction for violation 213 

officer engaged in — dismissed in perpetuum 212 

punishment for 211 

pupils engaged in — expelled in perpetuum 212 

unlawful 210 

HEARING (See Appeals) — 

HIGH SCHOOLS— 

County High Schools — 

Ballot box open not less than three hours 216 

body corporate 222 

buildings — erection or removal only on vote 

of, electors 224 264 

certificates of vote cast sent county super- 
intendent 

committee — powers and duties of 

committee build or remove buildings — vote of 
electors 

committee determine number of teachers 

committee determine rate of tuition for non- 
resident pupils 

committee employ or discharge teachers 

committee exclude improper publications........ 

committee fix course of study and text books 
used — proviso 

committee fix term and time for opening and 
closing school 

committee furnish free text books — vote of 
electors 

committee hold real or personal property in 
trust 

committee make annual report to county su- 
perintendent — when 

committee make report to state superinten- 
dent when instructed 

committee may refuse to admit pupils from 
other high school districts — when 

committee not interested in public contracts 

committee not Interested in warrants 

350 



218 




224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


224 


264 


259 


271 


261 





224 


264 


224 


264 


224 


264 


224 


264 


214 




229 




219 


262-3 


219 


262-3 


219 


262-3 


219 


262-3 


230 


263 


215 


262 



INDEX 

Opinion 
Subject Section Page 

HIGH SCHOOLS (Continued) — 

County High Schools — (Continued) 

committee provide books for indigent chil- 
dren — when 224 264 

committee provide school furniture and ne- 
cessities 

committee rent, repair and insure buildings.. 

committee require pupils be furnished with 
books 

committee require teachers to conform to law 

countiea classified 

county commissioners levy tax annually 

county superintendent — ex-officio member 
high school committee 

county superintendent — ex-officio secretary of 
committee 

county superintendent announce result — 
make permanent record of 

county superintendent call meeting of direc- 
tors — where held 

county superintendent fill vacancies not 
caused by expiration of term 

county superintendent give twenty-day notice 
— purpose 

county superintendent post notice in each dis- 
trict — contents 216 

directors elect from members of boards four 

persons to constitute committee 219 262-3 

directors not elect two members from one 

board — except 219 262-3 

district excluded from county high school dis- 
trict — when 230 

districts have same powers and duties as di- 
rectors of first and second class districts.... 228 265 

districts maintaining high school or union 
high school may abandon same to organize 
county high school 230 

district not taxed for more than one kind of 

high school — except 230 

districts subject to provisions of this act — 
which *... 

eminent domain — may exercise right of 

exclusion — district may vote — not affect or- 
ganization 

form of ballot 

high school committee — how elected 

high school committee — of whom consist 

high school committee — term of members 

high school committee — vacancy in — how 

filled . t 220 263 

high school committee elect president and 

treasurer 219 262-3 

judges — absence of — electors fill vacancy 217 

judges — count ballots — certify count 218 

majority vote necessary to organize 219 262-3 

may hold real estate 223 

meeting of directors — county superintendent 

call — organization of committee 219 262-3 



230 




223 




230 




217 




219 


262-3 


219 


262-3 


220 


263 



\ 



351 



215 


262 


225 




226 




227 




225 




225 




225 




225 




215 


262 


215 


262 


226 





INDEX 

Opinion 
Subject Section Page 

HIGH SCHOOLS (Continued)— 

County High Schools — (Continued) 

meetings of committee — regular — special — 
when held 221 263 

no orders drawn except for lawful debts 225 

notices posted three places — one at school 

house 216 

organization — petition for — fifty voters sign 
— when 

powers and duties of president 

powers and duties of secretary 

powers and duties of treasurer 

president — powers and duties of 

president appear in litigation for his district 

president preside at meetings 

president sign orders on county treasurer 

qualified voters of joint school district en- 
titled to vote on — when 

question submitted to qualified voters 

secretary — powers and duties of 

secretary appear for district in litigation — 

when 225 

secretary give notice of all regular and spe- 
cial meetings 226 

secretary keep account of expenses 226 

secretary keep same records and reports as 

secretaries of school districts 226 

secretary of committee give directors ten 

days' notice of meeting 220 263 

secretary of each board post notices — con- 
tents 216 

secretary preside at meetings — when 225 

tax certified to county commissioners not ex- 
ceed four mills 228 26b 

tax levied — collected same as other taxes 229 

taxes paid out by county treasurer on war- 
rant — by whom drawn 229 

teachers — committee determine number of 224 264 

time and place of election same as regular 

election 216 

treasurer — powers 'and duties of 227 

treasurer countersign warrants drawn by 

president and secretary 227 

treasurer perform duties of treasurers of 
school districts 

treasurer render statement of finances — when 

treasurer take charge of all moneys received 

tuitions of non-resident pupils — committee 
determine 

vacancy in high school committee — when 
filled 

vote of exclusion not affect organization 

warrants — drawn by president and secretary 

— countersigned by treasurer 

who may vote on organization — electors 
qualified to vote for board 

352 



227 




227 




227 




224 


264 


220 


263 


230 




239 




217 





INDEX 

Opinion 
Subject Section Page 

HIGH SCHOOLS (Continued) — 

District High Schools — 

boards not interested in public contracts 259 271 

boards not interested in warrants — penalty.... 261 
boards not lease or build except upon vote 

of people 244 266 

boards of first class districts may establish.... 244 266 

Union High. Schools — 

adjacent to incorporated town or city 238 

applies to two or more contiguous districts.... 231 265 

board of — in fourth or fifth class districts — 

how constituted — election of 242 266 

board of directors, including county seat, may 

select three members to act as committee.. 231 265 

board of district, including county seat act 

as high school committee — when 231 265 

boards of districts supporting — voice in elec- 
tion of committee 237 

building for school purposes — provided by 
whom 

committee — meetings — when held 

committee — special meetings — county super- 
intendent call 

committee— term of members 

committee — vacancies — filled by board 

committee exercise powers accorded school 
boards 

committee not interests in public contracts 

committee not interested in warrants 

committee of three — directors elect 

committee prescribe qualifications and exam- 
ination for admittance to school 

county commissioners levy tax — amount of.... 

county commissioners not levy tax on prop- 
erty outside of high school district where 
county seat is included 231 265 

county seat included in district — powers of 

board 231 265 

county superintendent appoint committee of 

five to fix course of study — when 243 

county superintendent call meeting of boards 

— when 231 265 

county superintendent call special meetings.. 233 

county superintendent ex-officio member of 

committee 231 265 

Directors of district boards elect committee 

of three 231 266 

district located at county seat not open to 

children outside — except 231 265 

district not adjacent to city or incorporated 

town — added to union high school district.. 240 

district not contiguous to city or incorporat- 
ed town, added to union district — vote of 
electors 240 

district of one county added to union district 

of another — how 240 

353 



239 




233 




233 




232 




232 




234 


265-6 


259 


271 


261 




231 


265 


234 


265-6 


239 





INDEX 

Opinion 
Subject Section Page 

HIGH SCHOOLS (Continued) — 

Union High Schools (Continued) — 

districts contribute to support of — voice in 
election of committee 

free to all children qualified in county 

funds — draw from general, state and county 
— quota — deficit 

how maintained — after regular apportionment 

how maintained — before regular appointment 

how supported 

levy of taxes of regularly organized dis- 
tricts not affected by organization of union 
districts 

maintain forty weeks in each year 

organization 

organization of union districts not affect reg- 
ularly organized districts .... 

powers of board — county seat in district ... 

powers of committees 

property of district taxable for support 
thereof 

proportion of school fund 

qualifications to enter — course of study 

rated as separate district for apportionment 

secretaries notify county superintendent to 
call meeting i 

secretary and treasurer of committee elected 

secretary elected annually — compensation 

tax levied at time other taxes levied 

teachers — -committee determine number of.... 

vacancies — filled by board 

HOLIDAYS AND SCHOOL YEAR— 

day — not exceed six hours excluding intermis- 
sion 245 266-8 

month — four weeks 245 266-8 

national holiday — define 245 266-8 

week — five days 245 266-8 

year — when begin — when end 245 266—8 

i 

Arbor Day — 

county superintendent give notice of date of 

celebration 246 

county superintendent promote observations.. 248 

county superintendent report action taken to 

state forest commissioner 248 

governor issue proclamation 248 

how observed — proviso 246 

superintendent of public instruction promote 

observation 248 

teachers and school officers — how observe 247 268 

third Friday in April 246 

354 



237 




236 




235 


266 


235 


266 


235 


266 


239 




241 




236 




238 




241 




231 


265 


234 


265-6 


231 


265 


235 


266 


243 




235 


266 


231 


265 


231 


265 


232 




239 




234 


265 


232 





INDEX 

Opinion 
Subject Section Page 

HOLIDAYS AND SCHOOL YEAR (Continued) — 
Colorado Day — 

agreements or instruments in writing, legal 

on this day 250 

celebrated on Monday — when 25Q 

first day in August 249 

Columbus Day — 

commercial agreements or instruments in 

writing, valid on this day -. 251 

October twelfth 251 

Election Day — 

a legal holiday 252 

Good Roads Day — 

county superintendent promote observation.— 255 
county superintendent report to state high- 
way commissioner manner of observance.... 255 

governor proclaim 255 

how observe 253 

public schools — how observe 254 

second Friday in May 253 

state superintendent promote observance 255 

HUMANE TREATMENT OF ANIMALS — 

taught in public schools 282 272 

HYGIENE — 

taught in public schools 282 272 

I 
INDEBTEDNESS— 

limit of bonded indebtedness 15 183-4 

of school district not incurred by pledging credit.. 185 

of school district refunded — new bonds issued in 

payment of 36 

INDEMNITY LAND (See Public Lands)— 

INDIGENT CHILDREN — 

relief for 81 

INSTITUTES (See Normal Institute)— 

INTEREST — 

of public school fund, only, expended 182 259 

officer to whom presented endorse date of pres- 
entation and rate of interest 256 

on bonds — special tax levy to pay 23 185 

on new bonds 36 

on school district bonds 21 

on school warrants — when cease '. 112 204-5 

on United States and state bonds 33 

rate of — on school orders and warrants — endorse- 
ment 256 

355 



19 




154 


247-50 


155 


250-1 


153 


245-7 


154 


247-50 



INDEX 

Opinion 
Subject Section Page 

INTEREST (Continued)— 

school orders and warrants — when bear less than 

6% 256 

school orders and warrants bear 6% from date of 

presentation — except 256 

J 

JOINT DISTRICT— 

organization of 145 241-2 

JUDGES OF ELECTION (See Directors) — . 

administer oath 

administer oath to challenged voters 

count votes — declare results — transmit reports.... 

in first class districts 

school board act as — when 

JUDGMENT — 

state or county superintendent not render for 

money 12 

JUSTICE OF THE PEACE — 

report amount of fines collected payable to gen- 
eral school fund 166 

denned 76 194 

JUVENILE DISORDERLY PERSON (See Truant 
Schools) — 

commitment of — offense 80 



K 
KINDERGARTEN— 

apportionment not changed by act 257 268-9 

board establish course of training — rules and 
regulations 

census not changed by act 

for children between 3 and 6 years of age 

maintained from special school fund 

part of public school system 

school board establish and maintain _ 

teachers have diploma from kindergarten insti- 
tute, or pass examination prescribed by state 
normal school 257 268-9 

L 
LIBRARIAN— 

assistant — appointment — duty — salary 313 

ex-officio — superintendent of public instruction is 21 

LIBRARY— 

directors may levy special tax for 205, 336 278-280 

Immoral books, etc., excluded from schools 134 216-35 

number of volumes — amount raised for — report.... 126 213-14 

LICENSE— 

see certificates 48 187-93 



257 


268-9 


257 


268-9 


257 


268-9 


257 


268-9 


257 


♦268-9 


257 


268-9 



356 



INDEX 

Opinion 
Subject Section Page 

LIMIT— 

of bonded indebtedness 15 183-4 

of taxes certified by county high school. 229 

of taxes for county school purposes 212, 331 276-8 

of special tax in third class districts 208, 336 262, 277-8 

M 

MAINTENANCE— 

of kindergartens — special school fund 257 268-9 

of union high school — length of school year 235-236 266 

MAP— 

county superintendent prepare district boundary 

map „ 103 200 

MEETINGS— 

board of directors — regular, special or adjourned.. 122 207-8 

for contracting bonded debt '. 14 182-3 

for organization of new districts 143 238-9 

for uniting districts 144 239-41 

of boards of directors of county high school 220 263 

of electors in third class districts 164 251-5 

of high school committee 221 263 

of high school committee — special 233 

of school board and district — president preside 

over — when 124 209-10 

of school board and district — vice-president pre- 
side over — when 124 209-10 

of school board and district — secretary preside 

over — when 124 209-10 

of state board of education 289 

secretary give notice of 126 213-14 

secretary record proceedings of 125 210-13 

special in district of third class — petition — notice 123 208-9 

special meeting for bonding 46 

to vote upon free text books 134 216-35 

MILEAGE— 

of county superintendent — county commission- 
ers may allow — exceptions 94 195 

MISDEMEANOR— 

failure to publish call for payment of school war- 
rants 117 

persons employing children during school hours — 

guilty of 64,74 

superintendent or officer failing to perform duty 

of guilty of 132 

MONEY — 

amount of — received — expended, etc., by school 

board 126 213-14 

school board not make profit on district money.... 14 182-3 

357 



258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 



INDEX 

Opinion 
Subject Section Page 

MONTH— [ ' 

school month — what constitutes 245 266-8 

N 
NARCOTICS (See Alcoholic Drinks) — 

effect of on body, taught in public schools 282 272 

nature and effect of, taught 1 179 

school officers — duty of — penalty for failure to 

perform 2 

N ON-RESIDENTS — 

admitted to public schools — when 283 272-3 

NORMAL. INSTITUTES— 

auditor of state issue warrant to custodian for 
fifty dollars — when 

conductor — member of state normal school fac- 
ulty shall be ex-officio 

county commissioners appropriate two dollars for 
each person attending institute — when 

county superintendents add five per cent, to 
teacher's examination grade — when 

custodian of fund — county treasurer 

executive committee — county superintendents se- 
lect 258 269-71 

executive committee report name and address of 
custodian to commissioners 

executive committee transmit funds to custodian 

expenses of — how defrayed 

expenses paid upon order of executive committee 

held not less than two weeks 

instructor or conductor must hold a normal in- 
stitute certificate 258 269-71 

new counties formed — part of district in which 
located ! 

normal institute fund — of what consist 

organization — state divided for 

registration fee 

state superintendent certify to state auditor at- 
tendance of 20 persons 

time and place — by whom determined 

warrants payable to custodian 

NOTICE— 

by county superintendent of appeal > 

for presentation of school order for payment 

of annual election — how and where posted 

of examination for state diploma 

of examination by county superintendent 

of intention to be candidate for director — pub- 
lication of 

of funds to pay warrants 

of meeting to fill vacancy in high school commit- 
tee : 

of meeting to organize new district from old 

358 



258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 



258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


258 


269-71 


8 




115 


205 


153 


245-7 


297 


274 


165 


255-9 


154 


247-50 


112 


204-5 


220 


263 


142 


236-8 



INDEX 



Subject Section 
NOTICE (Continued) — 

of meeting: to submit question of contracting 

debt 16 

of meeting to unite district 144 

of meetings — secretary give 126 

of special election — failure to give 155 

of special meeting in districts of 3rd class 123 

publish — failure to give 153 

30 days before revocation of state diploma 295 

to adverse parties upon appeal 8 

to county superintendent — apportionment — state 

school fund - 210, 312 

O 
OATH— 

administered to challenged voters 11 

county , superintendent administer to directors, 

etc. 53 

of challenged voter 100 

of county superintendent 43 

of directors — filed 71 

of office 8 

of office — trustees of state normal school take.... 188 

of state superintendent of public instruction 204 

president of state board of education administer.. 9 

upon appeal 8 

where filed 9 

OFFICE (See Public Officers)— 

challenge to fight duel disqualifies from 274 

kept open — when 95 

of county superintendent — Commissioners pro- 
vide 95 

of superintendent of public instruction 311 

OFFICER (See Public Officers) — 

directors — term — power '. 120 

duty — failing or refusing to perform 132 

elected to fill vacancy term expires — when 273 

failing to qualify — office becomes vacant 10 

file oath of office with secretary of state 9 

of county high school committee 220 

of new district formed from portions of old 143 

of school — failing to enforce 2 

of union high school committee •. 231, 232 

no person fighting duel, etc., hold office 274 

not deal in warrants 261 

not interested in public contracts 259 

person convicted of embezzlement not eligible 

to office 269 

subscribe oath to support constitution 270 

ORDERS (See Warrants) — 

359 



Opinion 
Page 



185 

239-41 

213-14 

250-1 

208-9 

245-7 



276 



259-61 



195 
195 



205-6 



263 
238-9 



265 



271 



INDEX 



Subject Section 

ORGANIZATION— 

of board of directors in 1st class district 120 

of county high school 215 

of district high school 244 

of joint district 145 

of new district from old 142, 143 

of union high school 238 



Opinion 
Page 



205-6 

262 

266 

241-2 

236-9 



PARENTAL. OR TRUANT SCHOOLS 
Schools) — 



(See Truant 



PETITION— 

for organization of new districts •. 

for special meeting in third class districts 

of voters to submit question of bonds 

to annex or detach territory to district 

to commit child to truant school — contents — 

verification , 

to submit question of organization of county 

high schools •- 

PENALTY (See Fines) — 

PERMANENT SCHOOL EMERGENCY FUND (See 
Funds) — 

PERSONAL PROPERTY (See Committees under 
County and Union High Schools) — 

school board hold in trust 



142 


236-8 


123 


208-9 


14 


182-3 


144 


239-41 


349 




215 


262 



134 



216-35 



PHYSICAL EXAMINATION (See sub-title under 
Children) — 

POWERS— 

of county high school committee 224 

of directors in districts 120, 134 

of directors over district high schools 139, 244 

of directors to make by-laws 133 

of electors in districts of 3rd class 105, 164 

of high school committee 224, 234 

of truant officer •- 77 

of union high school committee 234 

PRESIDENT— 

absence from district more than 30 days — vacancy 124 

aet as judge of election in 3rd class districts 154 

administer oath to director 121 

appear in behalf of district in litigation 124 

compensation — not entitled to — when 132 

county superintendent fill vacancy — failure to 

qualify 1^1 

elected at first meeting of board 120 

360 



264 

205-6, 216-35 

235, 266 

215 

202-3, 251-5* 

264, 265-6 

265-6 



209-10 

247-50 

206-7 

209-10 



206-7 
205-6 



INDEX 

Opinion 
Subject Section Page 

PRESIDENT (Continued) — 

elected by qualified electors 119, 120 205-6 

member of board in 1st class district — must be.. 120 205-6 

not interested in public contracts 259 271 

not interested in warrants 261 

oath — who administer — where filed 121 206-7 

preside at meetings 124 209-10 

sign orders on county treasurer •.... 124 . 209-10 

term of — when expire 120 205-6 

vacancy — 30 days' absence from districts works.... 124 209-10 
vacancy — failure to qualify — county superintend- 
ent appoint 121 206-7 

PRESIDENT OF STATE BOARD OP EDUCATION— 

administed oath upon appeals — render decision.... 11 

PRINTING — 

of school laws — how paid 310 

registers and blank books — how paid 310 

PROPERTY— 

annexed to district — liable to bond tax 34 186 

of new district formed from old 151 244 

PUBLICATION— 

of call of payment of school warrants — failure — 

penalty 

of notice of annual election 

of statement of district funds in 1st class district 

PUBLIC CONTRACTS— 

officer not acquire interest in warrants — penalty 261 

officer not interested in — except 259 271 

officer not interested in — penalty for violation.... 260 
officer removed from office and fined — when in- 
terested in 260 

warrants — officer not interested in — penalty 261 

PUBLIC INDEBTEDNESS — 

restrictions concerning 185, 186 

PUBLIC INSTITUTIONS— 

educational — supported by state 275 

educational — what are 276 

PUBLIC LANDS — 

indemnity lands : 262 

lands for university — 72 sections 263 

lands granted for support of schools 262 

mineral lands — indemnity for (note to section).... 265 
mineral lands excepted from grants for schools 

and university 265 

school lands — how sold — price 264 

361 



153 


245-7 


121 


206-7 



INDEX 

Opinion 

Subject Section Page 

PUBLIC MONEYS— 

embezzlement of disqualifies from office 269 

PUBLIC OFFICERS— 

bribery disqualifies from office of profit or trust.... 269 

challenge — person carrying — disqualified for office 274 

defaulting — disqualifies from office — until 268 

duel — person participating — disqualified for office 274 

embezzlement disqualifies from office 269 

hold till successor qualify — when 267 

oath 270 

oath — where filed — with whom 271 

perjury disqualifies from office of profit or trust.. 269 

qualify — refusal or neglect — vacancy 272 

salary not increased during term •. 266 

school laws — state superintendent furnish copies 

of 310 

solicitation of bribery disqualifies from office 269 

state or municipal — hold till successor qualify.... 267 
subornation of perjury disqualifies from office 

of profit or trust 269 

term not extended during term -. 266 

term of person elected to fill vacancy 273 

vacancy — refusal or neglect to qualify 272 

vacancy — term of person elected to fill 273 

PUBLIC SCHOOL INCOME FUND (See Funds) — 

PUBLIC SCHOOLS— 

age of pupils for free schools 277 

alcoholic drinks — effect of on body — taught 282 272 

all subjects taught in German or Spanisn — when 282 272 

board admit any person of school age 283 272-3 

board may admit adults — fix terms 283 272-3 

board may admit non-resident children — fix terms 283 272-3 

boards teach subjects required in section 165 282 272 

charitable, established and supported by state.... 275 

denned 281 271-2 

districts — one or more schools maintained in 277 

districts failing maintain school at least three 

months — penalty •.. 277, 284 

educational, established and supported by state.. 275 

English language taught in - 282 272 

farmer's institute and short courses permitted.. 276 

free schools — system of — legislature established 277 
free to persons of school age — resident four 

months in district .. 283 272-3 

general assembly not pass special laws concern- 
ing 278 271 

German language may be taught in discretion of 

board when parents of twenty children demand 282 272 

gymnastics — when taught 282 272 

humane treatment of animals taught 282 272 

hygiene taught in 282 272 

investigation and study — excursions for — per- 
mitted 276 

kindergarten — part of public school system 257 268-9 

362 



INDEX 

Opinion 
Subject Section Page 

PUBLIC SCHOOLS (Continued)— 

management and control of 276 

narcotics — effect of on body — taught 282 272 

open to whom 283 272-3 

penal — established and supported by state 275 

race or color — no distinction made 280 

regents or" university conduct certain subjects.... 27(5 

religious test forbidden as condition to admission 280 

religious test forbidden as condition to teach... 280 

school fund not apportioned — when 277, 284 

sectarian doctrines not taught in 280 

sectarian school — no public aid 279 

Spanish language taught when parents of twenty 

children demand 282 272 

state board of education regulate 289 

state board of education supervise 286 

university extension work permitted 276 

what are 276 

PUNISHMENT— 

of illegal voting 154 247-50 

PUPILS— 

admitted from adjoining districts 134 216-35 

distinction of — not permitted in public schools.. 280 

excluded from schools under six years. ... v 134 216-35 

school boards require that pupils be furnished 

with books 134 216-35 

suspended or expelled by boards — when 134 216-35 



Q. 
QUALIFICATIONS— 

at election to contract debt — electors qualifica- 
tions 154 247-50 

of applicant for state diploma 290, 297 273-4 

of county officers 88 

of electors , 154, 157, 162 247-51 

of electors for any civil or military office. 160 

of electors to create bonded indebtedness 14 182-3 

for admission to district high school 244 266 

for admission of students to state normal school 319, 320 

for conductor or instructor of normal institute.... 258 269-71 

of teachers 48, 165 187-93, 255-9 

of voters at school election 154 247-50 

of pupils — religious test not applied to 280 

religious test not applied to pupils 280 

QUESTIONS— 

for examination, of teachers prepared by state 

superintendent of schools 48, 309 187-93, 274-9 



363 



INDEX 



R. 



Subject Section 

RECORDS— 

of county superintendent's office open to inspec- 
tion 

of organization of new districts 

of secretary — open for inspection 

of truant officers — open for inspection 

REDEMPTION— 

of bonds — manner of 

of new bonds 

of refunding bonds 

REFUNDING — 

of bonded indebtedness of school district.. 

REGISTERS— 

state superintendent print and furnish 

teacher keep daily — file with secretary 

teacher keep additional record — when 

REGISTRATION PEE — 

normal institute 258 



36 



Opinion 
Page 



101 


196-9 


143 


238-9 


129 




77 




32 




36 




36 





310 




339 


291-3 


339 


291-3 



269-71 



REGISTRATION OF BONDS (Sea Bonds). 



RELIGION— 

inmates of truant school may be instructed — 

how . 222, 347 

not taught in parental or truant schools 347 

not taught in public schools 280 

religious test not required as condition to attend- 
ance in public schools 280 

teachers and pupils not required to attend relig- 
ious service 280 

REMOVAL (See County and Union High School Com-, 
mittees under High Schools). 

of buildings — vote of electors 134, 164 

of teachers — for cause only 338 

RENT (See High Schools, County and Union High 

School Committees). 
county high school committee may rent school 

houses 224 

school boards may rent school houses 134 

union high school committee may rent school 

houses 234 



294 
294 



216-35, 251-5 
280-291 



264 
216-35 



265-6 



REPAIRS (See High Schools, County and Union High 
School Committees), 
county high school committee may repair school 

houses 

school boards may repair school houses 

union high school committee may repair school 
houses 



224 
134 



234 



264 
216-35 



265-6 



364 



INDEX 



Subject Section 

REPORTS (See Also Annual and Biennial Reports) — 

annual — county superintendent make 98, 248 

annual — county treasurer make 109 

annual — district secretary make to county super- 
intendent 126 

annual — district treasurer make 131 

annual — school board make to county superin- 
tendent 134 

annual — teacher make 339 

of certificates granced by directors of first class 

districts 48 

of county treasurer of fines received 167 

of elections — judges make and transmit to 155 

of fines collected by justice of peace 166 

to state superintendent — school boards make an- 
nual when requested 134 

of trustees of scate normal — verification 325 

penalty for failure of county superintendent to 

make 99 

secretary preserve copies of 125 

superintendent of public instruction make bien- 
nial report 311 

RESIDENCE — 

of unmarried person 104 

REVENUE (See Taxes). 

REVOCATION— 

of certificates — county superintendent may revoke 
of state diplomas by state board of education.... 



RULES — 

boards adopt 

of meetings in third class districts 

of state superintendent — boards enforce, 
state board of education adopt 



Opinion 
Page 



203-4 

213-14 
214-15 

216-35 
291-3 

187-93 

250-1 

216-35 
210-13 

200-2 



48 


187-193 


295 


273-4 


134 


216-35 


164 


251-5 


134 


216-35 


289 





SALARY— 

classification of counties for salary of county su- 
perintendent 89, 94 

of assistant state librarian 313 

of county superintendent 94 

SCHOOLS (See Public Schools). 



195 
195 



SCHOOL AGE— 
defined 



SCHOOL BOARDS (See Directors). 
SCHOOL BUILDINGS (See Buildings)- 

365 



285 



:?3 



INDEX 



Subject 

SCHOOL. CENSUS— 

defined 

forwarded to county superintendent by secretary 

of district board 

includes all persons of school age 

kindergarten act not affect 

school age defined — over 6 and under 21 

secretary of district board take — disposal of 

copies 

SCHOOL DAY— 

what constitutes 

SCHOOL DISTRICTS (See Districts). 

SCHOOL FUNDS (See Funds). 

SCHOOL FURNITURE— 

county high school committee provide 

school boards provide 

union high school committee provide 

SCHOOL HOUSES — 

exempt from taxation 

lots exempt from taxation 

number and value of stated in report of board.... 
of new school district formed from old district... 

sale of — by electors of third class district 

school board may rent, repair, insure, build or 

remove — when and how 

site of fixed by electors in third class district 

SCHOOL LANDS (See Public Lands). 

SCHOOL LAWS— 

published by superintendent of public instruc- 
tion 

how distributed 

SCHOOL MONTH — 

defined 

SCHOOLS (See Public Schools). 

SCHOOL YEAR — 

commence and end — when 

SEAL— 

of district attached to bonds 

of trustees of state normal school 

SECTARIAN INSTITUTIONS— 

appropriations to from school fund prohibited.... 

SECRETARY— 

secretary of state normal school sign report 

366 



Section 



285 



125 



245 



310 
310 



245 



245 



22 
315 



279 



325 



Opinion 
Page 



273 



125 


210-13 


285 


273 


257 


268-9 


285 


273 



210-13 



266-8 



224 


264 


134 


216-35 


234 


265-6 


328 




328 




126 


213-14 


151 


244 


164 


251-5 


134 


216-35 


164 


251-5 



266-8 



266-8 



INDEX 



Subject 

SECRETARY OF SCHOOL BOARD (See Sub-Title 
under Directors) — 

SECRETARY OP HIGH SCHOOL COMMITTEE — 

county superintendent is ex-offlcio 

give notice of meeting 

SECRETARY OF STATE — 

member of state board of education 

SECRETARY OF TRUSTEES — 

of state normal school — bond — duties 

SPANISH— 

taught in public schools — when 

SPECIAL MEETINGS— • 
see Meetings. 



Section 



219 
220 



288 



321 



282 



Opinion 
Page 



262-3 
263 



272 



SPECIAL TAX— 

amount of — for support of schools, etc 126 

directors certify amount commissioners levy — 

payable in cash -. 336 

not consider levy of 337 

to pay interest on bonds — cash 23 

to pay school expenses — when commissioners levy 331 

STATE AID FOR WEAK DISTRICTS — 

see also subheading under Funds 188-196 

STATE AUDITOR— 

approve bond state superintendent of public in- 
struction 308 

draw warrant for printing school laws 310 

draw warrant for state school funds 312 

register bonds 24 

STATE BOARD OF EDUCATION— 

adopt rules and regulations — purposes of 289 

appeal to from county superintendent 11 

appoint state board of examiners 296 

bribery disqualifies from office 269 

certificate — temporary non-renewable — when is- 
sued 294 

defaulting disqualifies from office 268 

diploma, state — eminent service — board issue 291 

diploma, state — good for five years 294 

diplomas, state — grant to teachers — when 290-293 

diplomas, state — board issue to applicants pass- 
ing examination of state board of examiners.... 298 
diplomas, state — holder not take further examin- 
ations 290 

diploma, state — renewal — five years — life 294 

diplomas, state — revoked by board 290, 295 

dueling disqualifies from office 274 

embezzlement disqualifies from office 269 

367 



213-14 

278-80 
280 
185 

277-8 



259-61 



276 



273-4 



273-4 
273-4 



INDEX 



Subject •- Section 

STATE BOARD OF EDUCATION (Continued)— 

meets — when 289 

members of — who are 286 

not interested in public contracts 258 

not interested in warrants 258 

perjury disqualifies from office 269 

render no judgment for money 12 

revoke state diplomas — notice — hearing 290, 295 

solicitation of bribery disqualifies from office 266 

State Teachers' College — supervise 317-18 

subornation of perjury disqualifies from office.... 266 
superintendent of public instruction president of 286, 288 

supervision of public schools vested in 286 

. teachers — state diploma-— when entitled to 290-293, 298 

text books — not prescribe 287 

STATE BOARD OF EXAMINERS— 

agricultural college — president nominate one 

member - 296 

applicants for state diplomas — examined by ' 297 

applicants for state diplomas — requirements 298 

appointed by board of education — how — when 296 

bribery disqualifies from office 269 

defaulting disqualifies from office 268 

dueling or challenging to duel disqualifies from 

office - 274 

embezzlement disqualifies from office 269 

examine applicants for state diplomas 297 

members not of faculty of certain universities.... 296 

perjury disqualifies from office 269 

School of Mines — president nominate one member 296 

solicitation of bribery disqualifies from office 269 

subornation of perjury disqualifies from office 269 

state board of education issue state diplomas 

to applicants passing examination 298 

State Normal School — president nominate one 

member 296 

superintendent of public instruction — president.... 296 

term of members — four years 296 

term of office not extended during term 266 

University of Colorado — president nominate one 

member 296 

STATE BOARD OF HEALTH — 

recommend standard works on narcotics 1 

STATE DIPLOMAS — 

see also Diplomas 290-295 

STATE EDUCATIONAL INSTITUTIONS— 

charitable institutions established 275 

properties and moneys — location 276 

Normal School at Gunnison — 

management of 327 

school established at Gunnison 326 



Opinion 
Page 



269-71 
269-71 



273-4 
376 



273-4 



274 



274 



278 



368 



INDEX 

Opinion 
Subject Section Page 

STATE EDUCATIONAL INSTITUTIONS (Continued)— 
State Normal School (See State Teachers' College). 

also known as State Teachers' College 314 

established at Greeley 299 

establishment of 314 

examine kindergarten teachers 25 7 268-9 

instruction of teachers for their profe -sion.... 299 

purpose of — instruction of teachers 299 

STATE NORMAL INSTITUTE FUND— 

apportioned — used 200 

how constituted 135 

STATE SCHOOL FUND (See Funds)— 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— 

apportion income fund — when — basis — deductions 312 276 

apportion state normal institute fund 200 

apportion necessary funds to districts for mini- 
mum salary 340 291-3 

apportionment — auditor draw warrant on treas- 
urer for amounts 312 276 

apportionment — certify amounts to auditor 312 276 

apportionment — costs of blanks deducted from... 310, 312 276 

apportionment of general fund — direct 130 214 

arbor day — promote observance of 248 

assistant librarian — may employ — salary 313 

auditor notify superintendent amount for appor- 

ment 312 276 

blanks — cost of deducted from apportionment 310, 312 276 

blanks — not copyright ~ 310 

blanks charged to counties at cost 310 

blanks for State Teachers' College reports — fur- 
nish < 325 

blanks for state teachers — furnish 339 291-3 

blanks for teachers' minimum salary — fur- 
nish 339 291-3 

bond — approved by auditor — where deposited 308 

bond of secretary of State Teachers' College — 

state superintendent fix 321 

bribery disqualifies from office 269 

certified copies of papers filed with — good as 

original 309 274-5 

certify apportionments to auditor and county 

superintendent 312 276 

certify to state auditor attendance of 20 persons 

at normal institute 258 269-71 

certify to state treasurer amount of deductions 

from apportionment - 310 

construe school laws — decision final — except 309 274-5 

contingent expenses — how furnished 311 

correspondence with the states — purpose 311 

county superintendent receipt for and distribute 

blanks 310 

decision construing school laws final — except 309 274-5 

decisions given to educational publications 309 274-5 

defaulting disqualifies from office 268 

369 



INDEX 

Opinion 
Subject Section Page 

STATE SUPERINTENDENT OF PUBLIC IN- 
STRUCTIONS (Continued) — 

dueling disqualifies from office 274 

duties of 309 274-5 

duties of when secretary of districts fails to file 

report and census list 130 214 

elected at general election by electors 301 

embezzlement disqualifies from office 269 

examination fee — pay to state treasurer 199 

expenses — traveling — amount of 311 

fees collected in advance — paid to state treas- 
urer 305 

file documents and reports of school officers 309 274-5 

furnish blanks to teachers and school officers.... 310 

good roads day — promote observance 255 

Governor may demand reports and statement 

from 304 

librarian, ex officio «... 306 

member examining board of State Teachers' Col- 
lege 322 

member executive department of government 300 

no compensation in sale of blanks 310 

normal institute — assist in fixing time and place 

of 258 269-71 

not interested in public contracts — penalty 259 

not interested in warrants — penalty 261 

oath — when taken — where filed 271, 308 

office at seat of government 309 274-5 

perjury disqualifies from office 269 

prepare questions for teachers' examinations 

conducted by county superintendent 309 274-5 

prepare test charts for physical examinations 69 

president of state board of education 288 

president of state board of examiners 296 

print school laws in pamphlet form 310 

publish flag act with school laws 176 

qualifications — age — residence in state 302 

qualify — refuse or neglect — vacancy 272 

report, biennial — contents of 311 

reside at seat of government during term 300 

salary not increased or diminished during term.... 266, 305 
school laws — printing of, paid out of printing 

fund ' 310 

solicitation of bribery disqualifies from office 269 

state board of education — president of 288 

state board of examiners — president of 296 

subornation of perjury disqualifies from office 269 

supervision over county superintendents 310 

supervision over public schools 310 

supply school officers, libraries with copy of laws 310 

term of — begins when 300, 307 

term of appointee to fill vacancy 303 

term of office not extended during term 266 

treasurer transfer deductions to general fund 310 

trustee, ex-officio, of State Teachers' College 316 

vacancy — Governor fill 303 

vacancy — upon refusing or neglecting to qualify.. 272 

visit counties — purpose 311 

370 



INDEX 



Subject Section 

STATE TEACHERS' COLLEGE (See State Normal School). 

applicants for admission — examination of 319 

applicants for admission — qualifications pre- 
scribed by board 319 

applicants for admission file declaration to prac- 
tice teaching 319 

apportionment — same as union high schools 317 

bond of secretary fixed by superintendent of pub- 
lic instruction — where filed 321 

bribery disqualifies trustees from office 269 

control and direction under Board of Trustees of 

State Teachers' College 327 

county superintendent suspend license — when 323 

course of study not less than three weeks 318 

defaulting disqualifies trustees from office 268 

diploma — certified copy of, filed with county 

superintendent 323 

diploma — no fee for 324 

diploma duly signed — evidence of what 322 

diploma granted to student — when 322 

diploma issued to student — license to teach — 

when 323 

duelling or challenging disqualifies trustees from 

office 274 

embezzlement disqualifies trustees from office 269 

examination of students by examining board 322 

examining board — consists of whom 322 

examining board — governor appoint county su- 
perintendent as member 322 

examining board — principal of school member of 322 
faculty — trustees appoint or remove and fix 

salaries 318 

fees of pupils to practice department — trustees 

fix 320 

located at Greeley 314 

normal school — located at Gunnison _ 326 

oath of trustees — where filed 316 

open to non-residents — trustees fix tuition 320 

open free to residents of state over 16 320 

part of public school system of state 317 

president of board of trustees member of board — 

preside 321 

purpose of — instruction in science and art of 

teaching 1 326 

report signed by president and treasurer of 

board — verification 325 

secretary of board of trustees not member of 

board 321 

solicitation of bribery disqualifies trustees from 

office 269 

state board of education supervise 317, 318 

State Normal School same as 314 

subornation of perjury disqualifies trustees from 

office 269 

superintendent of public instruction — trustee, ex 

officio 316 

superintendent public instruction annul license 

to teach — notice to county superintendent 323 

371 



Opinion 
Page 



276 



276 



276 
276 



276 



276 



276 



276 



INDEX 

Opinion 
Subject Section Page 

STATE TEACHERS' COLLEGE (See State Normal 
School) — (Continued) — 

superintendent of public instruction furnish 

blanks for report of board 325 

superintendent of public instruction member of 

examining board 322 

term of office of trustees not extended during 

term : 266 

term of trustees 316 

trustees — Governor appoint — term of office 316 

trustees — prescribe a course of study — advice of 

faculty 318 

trustees appoint or remove faculty 318 

trustees elect president and secretary — -when 321 

trustees supervise — except — control funds of 318 

trustees, board of — control — body corporate — seal 315 

trustees, board of — hold property — sue and be 

sued 315 

trustees, board of — make by-laws to govern 316 

trustees, board of — have perpetual succession 315 

trustees, board of — report to board of education 

— when — contents = 325 

SUSPENSION— 

of pupils by school board 134 216-35 

T 
TAXES— 

exemption — lots — buildings — used for schools .... 328 

county commissioners levy tax for union high 

school ! 239 

county commissioners not levy tax on districts 

outside of union high school district where 

county seat is included --- 231 265 

corporations subject to tax for school purposes.. 329 

county treasurer's failure to pay over — penalty.— Ill 

levy of regularly organized districts not affected 

by organization of union district 241 

obligation to pay not extinguished except by 

payment -. 330 

County School Taxes — 

amount collected credited to district — re- 
port to secretary < 

board of directors — levy special tax — purpose 

boards certify levy to county superintendent 
— when 

bonds — limitation not apply for payment of.. 

bonds, negotiable coupon — validated 

certification — basis of 

Colorado tax commission may authorize nec- 
essary increase — limit 

county assessor and county treasurer — duties 

county assessor certify assessable valuation 
of district property to county superintend- 
ent 

county assessor list district property — when 

372 



336 


278-80 


331 


276-8 


332 




333 




334 




331 


276-8 


333 




336 


278-80 


332 




336 


278-80 



335 




331 


276-8 


331 


276-8 


2228 


265 


331 


276-8 


332 




332 




336 


278-80 


331 


276-8 


336 


278-80 


333 





INDEX 

| Opinion 

Subject Section Page 

TAXES (Continued)— 

County School Taxes (Continued) — 

county clerk must levy — officer failing — for- 
feiture 

county commissioners levy — when — minimum 

county commissioners levy special tax — when 

county high school tax — not exceed 4 mills.... 

county superintendents certify amount needed 
per capita to county commissioners 

county superintendent certify to county com- 
missioners levies made by district 

county superintendent notify clerks of dis- 
trict boards of assessable valuation 

county treasurer — duties 

districts — population under fifteen — not con- 
sidered 

districts, . third class — levy not exceed 20 
mills ■. 

elections — increase tax — notice of 

increase — insufficiency of — Colorado tax com- 
mission 333 

increase for school purposes not permitted 

for truant schools 345 

increase not greater than 5.% — exception 333 

interest on bonds — limitation not apply to 

payment of 333 

interest on judgment — limitation not apply 

to payment of -. 333 

levy — certification of — what include — limit.... 336 278-80 

limit of indebtedness — how computed — in- 
crease 333 

limitation not apply to judgments against 
district 

minimum — increased not to exceed five mills 

property — real or personal, subject to 

receivable only in cash •- 

school boards certify amount needed to 
county commissioners — county commis- 
sioners — levy amount certified by board 

special school tax — creation of 

special tax — failure to certify — county com- 
missioners levy -. 331 276-8 

special tax levy not be reconsidered after cer- 
tification 

tax collected in cash only 

taxing power limited — how 

TEACHERS — 

board certify maximum special tax for minimum 

salary — apportionments 

board may pay more than minimum salary 

board not employ unless licensed 

board require additional records from 

board not restricted in levying special tax for 

minimum salary — when 340 293 

certificate — temporary non-removable — state 

board issue — when 294 

373 



333 




331 


276-8 


331 


276-8 


331 


276-8 


336 


278-80 


336 


278-80 



337 


280 


336 


278-80 


333 





340 




340 


293 


338 


280-91 


339 


291-3 



INDEX 

Opinion 
Subject Section Page 

TEACHERS (Continued) — 

certificate not required to teach music, draw- 
ing or modern languages only 338 280-91 

commence teaching without license — forfeit com- 
pensation 338 280-91 

compensation — not entitled to — failure to file reg- 
isters and summaries 339 291—3 

compensation for services rendered — entitled to.. 338 280-91 

county commissioners levy special tax for mini- 
mum salary — when 340 293 

county school tax — one-third of, for minimum 

salary 340 293 

county superintendent — apportionment for mini- 
mum salary 340 293 

county superintendent certify inability of district 

to meet teachers' minimum salary 340 293 

diploma from State Teachers' College is license 

to teach 323 276 

diploma, state — applicants for examined by state 

board of examiners 297 274 

diploma, state — eminent service — when state 

board issue 291 

diploma, state — good for five years 294 

diploma, state — holder not take further exami- 
nations A 290 273-4 

diploma, state — renewal — five years — life 294 

diploma, state — revoked by board 290, 295 273-4 

diploma, state — state board grant to teachers — 

when 290-3, 298 273-4 

diploma, state — state board issue to applicants 
passing examination by state board of ex- 
aminers 298 

diploma to teach kindergarten necessary 257 268-9 

dismissed only for good cause 338 280-91 

district — minimum salary — apportionment 340 293 

districts unable to meet minimum salary — state 

aid ■• 340 293 

examinations — county superintendent conduct 165 255-9 

examination questions prepared by state super- 
intendent 309 274-5 

examination by State Normal School to teach 
kindergarten 257 268-9 

expiration of license — when renewed 338 280-91 

file register with principal or superintendent of 

district — when 339 291-3 

file register with secretary at close of school — 

when 339 291—3 

file summary of statistics with secretary 339 291-3 

forfeit claim to compensation if not licensed 338 280-91 

keep register upon blanks from superintendent 

of public instruction 339 291-3 

kindergarten — must have diploma from kinder- 
garten institute or pass examination by State 
Normal School 257 268-9 

license — expiration of — effect 338 280-91 

license must be in force while teaching 338 280-91 

minimum sa'ary 340 293 

374 



INDEX 

Opinion 
Subject Section Page 

TEACHERS (Continued)— 

notify county superintendent of date of beginning 

and term — when 339 291-3 

number of — determined by county high school 

committee , 224 264 

number of — determined by directors 134 216—235 

number of — determined by union high school 

committee 234 265-6 

officers not draw warrant upon failure to file 

registers and summaries 339 291-3 

public school income fund — for teachers' mini- 
mum salary — limit , 340 293 

religious test as condition to teach forbidden 280 

six months' term — minimum salary — exception.... 340 293 

state aid for minimum salary — when denied 340 293 

state diplomas — state board grant — when 290-3 273-4 

state treasurer pay to county treasurer appor- 
tionment by superintendent for minimum salary 340 293 

superintendent of public instruction apportion 
necessary funds to district for minimum salary 
— when 340 293 

superintendent of public instruction furnish 

blanks : 339 291-3 

Teachers' Retirement Fund — 

applies to first class districts only 341 

controlled by board of directors 341 

forty dollars a month payable 342 

fund — of what consist — special levy not to 

exceed one-tenth mill : 343 

permanent disability — ten years in district.. 342 

teachers in active service not entitled to 342 

twenty-five years' service — fifteen in one dis- 
trict — age 342 

who entitled to 342 

TEACHERS NORMAL INSTITUTES (See Normal 
Institutes) — 

TEACHERS' RETIREMENT FUND— (See Teach- 
ers) — 



TERM— 

of office of count/ superintendent 90 

of office of directors appointed first-class dis- 
tricts J.... 133 

of office of directors in new dis + ct 143 

of office of high schoo! 'wi ,. 220 

of office of school dire' iers 120 

of office of superinter uction 307 

of office of trustees o ;hool 316 

of office of union hi) ittee.... 232 

of school fixexd by i 134 

of school year of Ui »ol 236 



TERM OF SCHOOL (S« 




ools, 224)- 



194-5 

215-16 

238-9 

263 

205-6 



216-35 



INDEX 



Subject 

TERRITORY— 

annexed to or detached from distrct. 



TESTIMONY (See Appeals) — 

none taken upon appeal from county superintend- 
ent 

taken upon appeal from directors 

TEXT BOOKS — 

General assembly not prescribe 

school board designate kind — not change — ex- 
ception ^ 

state board of education not prescribe 



Section 



144 



11 
10 



287 



Opinion 
Page 



239-41 



when furnished free 134, 224 



134 


216-35 


224 


216-35, 264 



TIE— 

vote at regular election — special election held. 

TOBACCO— 

penalty selling to children under sixteen 



TRANSCRIPT (See Appeals) — 

of proceedings before county superintendent 

of record upon appeal to county superintendent.... 

TREASURER OP SCHOOL BOARD (See Sub-Title 
under Directors) — 

TRUANT (See Children and Truant Schools) — 

committed to parental or truant school — appeal... 

denned 

expense of, how paid 

habitual — to be brought before county court 



TRUANT OFFICER — 

compensation — powers — duties — record 

directors in first and second class districts ap- 
point 

duties 

duty under parental or truant school act 

in third class districts 

make complaint to county court 

report indigent parents or guardian 

TRUANT SCHOOLS— 

board of first class district — powers of — regulate 

and control '. 

board of first class district employ 

and teachers 

board prescribe course of inst 

child — how committed ; 

child committed until 14 years r 
child confined in penal institution- 

to 

cities over 25,060, under 10(| 

lished in 




4 



155 



11 
8 



349 

76 

350 

348 



77-9 



■>f 


'ts 


346 

346 
348 
349 

348 

355 



194 



194 



77-9 


194 


79 


194 


348 




78 




79 


194 


81 





INDEX 

Opinion 

Subject Section Page 

TRUANT SCHOOLS (Continued) — 

established in cities having- a population of 

100,000 ! 344 

established in cities over 25,000 under 100,000 — 

vote of electors 355 

final discharge — when — re-committment 352 

habitual truant — petition to county court — con- 
tents 348 

incorrigible child committed to juvenile reforma- 
tory — when -. 354 

increase of levy for school purposes not per- 
mitted by this act 345 

maintenance of child — parent or guardian pay.... 349 

maintenance of child — when board provide 350 

not located near penal institution 345 

notice to parent or guardian before hearing 349 

parole — board establish regulations for 351 

parole — four weeks commitment necessary 351 

parole — violation of — re-commitment 353 

parole — when granted 351 

parole, second — three months' re-commitment 

necessary 353 

parole, second — violation of — final re-commitment 353 

petition — hearing — notice to parent 349 

petition — verification — procedure 348 

purpose of 344 

religious instruction not given in — except 347 294 

religious training provided for — how 347 294 

report monthly — school which paroled child at- 
tends, make 352 

school board furnish 345 

sites — how procured 345 

superintendent of, certify release on parole- 
contents 351 

TRUSTEES OF STATE TEACHERS' COLLEGE 
(See State Teachers' College) — 

appoint faculty — powers 31 7 276 

bond of secretary 326 

elect president 326 

governor appoint — term of office — oath 316 

of state normal school — number — powers 315 

prescribe qualifications of students 318 

report of 325 

superintendent of public instruction — member 316 

TUITION— 

school board determine rate for non-residents 135 216-35 

U 

t 

UNION HIGH SCHOOLS (See Sub-Title under High 
Schools). 

UNITED STATES BOND (See Bonds)— 

377 








Opinion 


Section 


Page 


124 


209-10 


133 


215-16 


220 


263 


154 


247-50 


93 




121 


206-7 


102 


199-200 


232 





INDEX 



Subject V 

VACANCY— 

in board of directors — absence may work 

in boards of first-class districts 

in high school committee — how filled 

in judges of election — how filled 

in office of county superintendent — how filled 

of school directors 

of school directors — how filled 

of union high school committee — how filled 

VISITS— 

of superintendent of public instruction , 311 

VOTER (See Elections and Electors). 

W. 
WAGES— 

school boards fix amount of and pay 134 216-35 

WARRANTS — 

county treasurer pay in order of registration — 
notice to present 

endorsed by county treasurer — listed — draw in- 
terest — aid 

failure of country treasurer to publish call for 
payment of 

in excess of tax levy unlawful 

not drawn for payment of delinquent officer 

officer not deal in 

rate of school interest — endorsed thereon 

school fund disbursed on warrant of county su- 
perintendent 

secretary draw and countersign 

secretary drawn and countersign — keep register 
of 

treasurer countersign and keep account of 

upon county treasurer — president sign — drawn to 

person to whom indebted 124 209-10 



115 


205 


JL12 


204-5 


117 




112 


204-5 


132 




259 


271 


256 




108 




125 


210-13 


125 


210-13 


131 


214-15 



378 



